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lawsuitappealcopyright
appealcopyright

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Ray v. ESPN, Inc., 783 F.3d 1140, 114 U.S.P.Q.2d 1409, 43 Media L. Rep. 1577

Facts

Steve 'Wild Thing' Ray, a former professional wrestler, brought a lawsuit against ESPN and its affiliates for re-telecasting his wrestling matches without his consent. Ray claimed violations of Missouri state law, including invasion of privacy and misappropriation of name. The case was removed to federal court, where the district court dismissed his claims, ruling they were preempted by the Copyright Act. Ray appealed the dismissal, arguing that his rights were not adequately protected under copyright law.

Ray specifically agreed with a representative of the UWF that the films would be 'sold and used.' According to Ray, ESPN has obtained certain films of his wrestling matches and re-telecast them throughout North America and Europe without first obtaining his 'consent to use [his] identity, likeness, name, nick name, or personality to depict him in any way.'

Issue

Whether the Copyright Act preempts Ray's state-law claims against ESPN for re-telecasting his wrestling performances without consent.

Whether the Copyright Act preempts Ray's state-law claims against ESPN for re-telecasting his wrestling performances without consent.

Rule

The Copyright Act preempts state-law claims if two conditions are met: (1) the work at issue falls within the subject matter of copyright as defined in the Act, and (2) the state law right is equivalent to any of the exclusive rights within the general scope of copyright as specified in the Act.

Analysis

The court found that Ray's wrestling performances were original works of authorship fixed in a tangible medium, thus satisfying the subject matter requirement of copyright law. Additionally, Ray's claims under Missouri law were equivalent to the exclusive rights granted under copyright law, as they were based on the reproduction and distribution of his performances. The court concluded that Ray's attempts to frame his claims as separate from copyright issues were unavailing, as they fundamentally related to the unauthorized airing of copyrighted material.

Conclusion

The court affirmed the district court's dismissal of Ray's claims, holding that they were preempted by the Copyright Act.

After having thoroughly reviewed all of Ray's arguments on appeal, we affirm the district court's dismissal of Ray's state-law claims as preempted under the Copyright Act.

Who won?

ESPN prevailed in this case because the court determined that Ray's state-law claims were preempted by the Copyright Act. The court reasoned that Ray's wrestling performances constituted original works of authorship protected under copyright law, and his claims were fundamentally about the unauthorized reproduction and distribution of these works. As such, the court found that Ray's rights under state law were equivalent to the exclusive rights granted by copyright, leading to the dismissal of his claims.

ESPN prevailed in this case because the court determined that Ray's state-law claims were preempted by the Copyright Act. The court reasoned that Ray's wrestling performances constituted original works of authorship protected under copyright law, and his claims were fundamentally about the unauthorized reproduction and distribution of these works.

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