Patrick MALONEY, on behalf of himself and all others similarly situated; Tim Judge, on behalf of himself and all others similarly situated, Plaintiffs-Appellants,
v.
T3MEDIA, INC., DBA Paya.com, a Colorado corporation, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 17, 2017, Pasadena, California.
Filed April 5, 2017.
Attorney(s) appearing for the Case
John M. DeStefano (argued), Robert B. Carey, and Leonard W. Aragon, Hagens Berman Sobol Shapiro LLP, Phoenix, Arizona, for Plaintiffs-Appellants.
Kelli L. Sager (argued), Karen A. Henry, Eric M. Stahl, and Diana Palacios, Davis Wright Tremaine LLP, Los Angeles, California, for Defendant-Appellee.
Michael Rubin and P. Casey Pitts, Altshuler Berzon LLP, San Francisco, California, for Amici Curiae the National Football League Players Association, the Major League Baseball Players Association, the National Hockey League Players' Association, the National Basketball Players Association, and the Major League Soccer Players Union.
Sean Sansiveri, Washington, D.C., as and for Amicus Curiae National Football League Players Association.
David Prouty, New York, New York, as and for Amicus Curiae Major League Baseball Players Association.
Don Zavelo, Toronto, Ontario, as and for Amicus Curiae Counsel National Hockey League Players' Association.
Gary Kohlman, New York, New York, as and for Amicus Curiae National Basketball Players Association.
Jon Newman, Sherman Dunn Cohen Leifer & Yellig P.C., Washington, D.C., for Amicus Curiae Major League Soccer Players Union.
Nancy E. Wolff, Cowan DeBaets Abrahams & Sheppard LLP, New York, New York, for Amici Curiae Associated Press, Digital Media Licensing Association, Getty Images (US), Inc., Graphic Artists Guild, National Press Photographers Association, Inc., PhotoShelter, Inc., Professional Photographers of America, Shutterstock, Inc. and Zuma Press, Inc.
Bruce D. Brown and Gregg P. Leslie, Reporters Committee for Freedom of the Press, Washington, D.C., for Amici Curiae the Reporters Committee for Freedom of the Press and 22 Media Organizations.
Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDWARD R. KORMAN, District Judge.
OPINION
M. SMITH, Circuit Judge:
Former student-athletes Patrick Maloney 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...
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