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Copyright Preemption Defeats Wrestler's State Claims over ESPN Re-Telecasts
The U.S. Court of Appeals for the Eighth Circuit affirmed that former Universal Wrestling Federation wrestler Steve “Wild Thing” Ray's state law claims, over ESPN's re-telecast of his 1990s matches, were preempted by federal copyright law. Ray v. ESPN Inc., 14-2117.
The U.S. District Court for the Western District of Missouri ruled that Ray's “complaints are based solely on ESPN airing video recordings depicting him in a 'work of authorship,' which is plainly encompassed by copyright law.” But on appeal, Ray argued his state law claims over use of his likeness were the “focal point of this case.”
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