Baltimore Orioles, Inc. v. Major League Baseball Players Ass'n, 805 F.2d 663 (1986) p.806

SUBJECT

federal preemption of state laws

FACTS

Players were financially interested in their performances as ball players. The players contended that thier play was not creative enough to qualify for copyright. Also they contended that the player's images were being used without their permission. Is the right of publicity preempted? Players wanted to get more of the television rights.

ISSUE

Whether the state law right asserted by the players, the right of publicity, was equivalent to any of the rights included in Section 106 of the Copyright Act. The players were seeking rights under copyrighted broadcast.

HOLDING

If the subject matter is not creative enough to be expression it is still subject matter that is regulated by federal copyright law.

RATIONAL

Federal law preempts the state law.

Created on: Thursday, November 11, 1999 at 20:16:43 (PST)