Pro football, the game for the ear and the eye … This sport is more than a spectacle, it is a game for all seasons … X’s and O’s on the blackboard are translated into imagination on the field.” This 13 seconds of digitally-altered audio, incorporated by National Football League Films, Inc. into “The Making of Madden NFL ’06,” lies at the heart of the lengthy legal saga between the estate of John Facenda and NFL Films (Facenda Jr. v. N.F.L. Films, Inc.., 542 F.3d 1007 (3rd Cir. 2008). The Third Circuit’s decision is instructive on three key fronts. First, it highlights the continued...Read more
