Patrick Maloney v. T3media, Inc.

OPINION

M. SMITH, Circuit Judge:

Former student-athletes Patrick Malo-ney and Tim Judge allege that defendant T3Media, Inc. (T3Media) exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association’s (NCAA) Photo Library for non-commercial art use. Maloney and Judge assert statutory and common law publicity-right claims and an unfair competition claim under California law. The district court held that the federal Copyright Act preempts plaintiffs’ claims and granted T3Media’s special motion…