Photographers appeal against NFL copyright decision
Seven sports photographers have appealed against a decision that saw a judge toss copyright claims brought by the group against the National Football League (NFL) and the Associated Press.
In 2013, the photographers brought a lawsuit alleging copyright infringement and other breaches stemming from use and licensing of their photographs.
The Associated Press, Getty Images and 36 American football clubs associated with the NFL were also named as defendants.
The photographers have collectively photographed events including NFL games and team practices.
Filed at the US District Court for the Southern District of New York, the suit alleged that the NFL’s exclusive licensing agreement with the Associated Press meant that the photographers lost the ability to sell higher-value commercial licences through Getty Images.
According to the original claim, this option presented difficulties because the photographers also own the copyright to and license other sports-related content, including photographs of Major League Baseball games, and Getty had exclusive licensing deals or partnerships with such organisations.
“Thus, if plaintiffs wished to continue offering commercial licences for their NFL content, they were forced to transition their NFL collections to the Associated Press,” said the claim.
According to the claim, Getty then “threatened” to remove the photographers’ other sports content from its distribution networks if they didn’t agree to continue licensing their NFL content through Getty.
“Getty Images’ position forced plaintiffs to make an impossible choice between losing commercial licensing opportunities for their NFL content by not going to the Associated Press or giving up commercial licensing opportunities for their non-NFL content by leaving Getty Images,” said the suit.
The photographers then entered into agreements with the Associated Press.
However, the photographers then discovered that both Getty Images and the Associated Press had “granted the NFL nearly unfettered access to plaintiffs’ photo collections”, allowing the NFL to make free or “complimentary” use of the copyrighted photos.
“This action concerns the NFL defendants’ rampant, wilful, and continued misuse of photographs to which plaintiffs own copyrights,” said the claim.
In December last year, the court entered a judgment dismissing the photographers’ second amended complaint without leave to re-plead the claims.
In early February, Judge Robert Sweet dismissed all of the photographers’ claims other than the copyright infringement allegations against the NFL involving photos obtained from Getty Images.
These claims against Getty are stayed pending arbitration, while this appeal relates the NFL and the Associated Press claims.
Sweet ordered that there was no reason to delay an appeal related to the dismissed claims.
On Wednesday, March 8, the photographers appealed to the US Court of Appeals for the Second Circuit.
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