Legal questions regarding Panini's ability to still produce hockey cards

[Absolutebeauty]

But they still had to get individual licenses right? Is the license to use the player or to use the photo rights?

Sorry for all the questions. I'm just curious how it all works.

[creasecollector]

But they still had to get individual licenses right? Is the license to use the player or to use the photo rights?

Sorry for all the questions. I'm just curious how it all works.

I think it's a case-by-case basis with this sort of thing.

If the company have a player's memorabilia, but not any contractual agreement with them because they have an exclusive with another company or don't want their image being used, they can still use their memorabilia in their hockey product but can't use their name on a picture (See the Leaf jersey 'photos' for examples. Some are blank jerseys while the other jersey backs have names on them).

But if they do have an agreement to use the players image, then they can but they'll need to airbrush the NHL Logos off the Jerseys/Masks.

We've seen un-airbrushed logos before, and images being used instead of art renditions, so I'm not really sure if there are any clever ways to get around things like this. And I'm no expert on the topic, and I've never had to create/manufacture trading cards, so I'm sure someone else can give some more info on this as well.

[DanielSweeney]

My understand is that in order to use team names and logos, a company needed a deal with the league itself. In order to use player pictures, they needed a deal with the NHLPA. If they have a deal with the NHLPA, but not the NHL, they could still make cards with the players' likeness, but would have to omit team names (but not city names), and team logos.

This came from a book I read many years ago, so I'm not sure if it's still accurate...

[sparty07]

@bprice can you give any guidance since you deal with this daily?

[30ranfordfan]

This is correct. Think of 1994 BAP. None of the pictures showed players in games, because it was an NHLPA licensed product, but not NHL. BAP was a brand that the PA partnered on (if I'm remembering correctly) so they did push guys like Karyia to sign for it, despite not wanting to sign much of anything.

There are two licenses that UD has: NHL (to use logos & team names) and the NHLPA (to use player images). They get them in one big deal (as I understand it) to make themselves the exclusive trading card manufacturer of the NHL.

Outside of that deal, anyone can make a trading card of anyone (or anything) they want, so long as they're not violating a trademark. You can't use NHL logos or team names without a license, so since UD has an exclusive agreement on that.... nobody (i.e. Leaf, Panini) can make a card with those.

If you don't have a PA deal, which would entitle you to use images of all PA members, then you'd need to sign an agreement with any individual player who you wanted to use a picture of. Leaf does this with a lot of different (current & former) players.

Don't want to pay for that? Then do something like Panini Anthology. Names & City Names are not trademarks. I can buy a Sidney Crosby GU jersey, dice it into 1000 pieces, make 1000 trading cards of it... call it authentic Crosby GU material, and sell it for whatever I want. So long as I don't use any of the NHL's trademarks, or Crosby's likeness, then I have not broken any laws.

My understand is that in order to use team names and logos, a company needed a deal with the league itself. In order to use player pictures, they needed a deal with the NHLPA. If they have a deal with the NHLPA, but not the NHL, they could still make cards with the players' likeness, but would have to omit team names (but not city names), and team logos.

This came from a book I read many years ago, so I'm not sure if it's still accurate...