A cease and desist order for 2008 UD legendary Cuts BB

[gomiamigo]

Originally Posted by cardsrus1

I sure hope you are not a lawyer! For any player you must have their permission to include them.

You are incorrect. I have not signed any contracts with MLBPA, and am not subject to their whim. I can reproduce my photos of Reggie and Schmidt anytime I want -- I just made 5 more copies, there. Union/MLB contracts only govern those who sign them - if UD signed some sort of Master Agreement with MLB/PA that would govern their conduct, or if they used someone else's copyrighted photos.
I saw a photo of Jordan in the paper yesterday, do you REALLY think the photog who took it outside a restaurant got his permission to run it? Ever hear of Page Six? The National Inquirer? Etc.

According to the US SC last week, I can use NBA/MLB stats in any way, shape, or form I want. I can sell them, and I can put them on products and services however I wish. Perhaps you are saying they are wrong? And there are only several dozen card sets I know of that don't use any MLB team insignia or logos. Perhaps that's where you are confused? I didn't say I could steal the Phillies IP, I said I could republish my photos of one of their players. 1000s of Firms/People do it everyday.

If you aren't a practicing IP lawyer/judge, your opinion likely isn't worth much on this topic.

The very concept of 'likeness' rights only exists in 20-some States and does not exist at the Federal level at all, and is still very much subject to change.

Of course, whether or not UD should get in another expensive shouting match with Topps/[or MLB, et al] is a different story. And many judges on a given day are susceptible to creating new case law - that's the amazing thing about our legal system, everyone gets to have a say and who knows how the judge will rule? I'm certainly not saying it's a wise business move for UD...