A group of freelance photographers contracted to shoot NFL games may press forward with a claim that they were forced to enter into unconscionable licensing agreements that cost them their ability to sell higher-value commercial licenses, among other negative effects, a federal judge in Manhattan ruled Friday.
The seven photographers had brought a lawsuit in 2013 against The Associated Press, the National Football League, Replay Photos and Getty Images alleging the licensing agreements violated antitrust and copyright laws. Those claims were dismissed in 2015 by Southern District Judge Robert Sweet (NYLJ, April 1, 2015). Subsequently, the photographers filed a second amended complaint that included a claim alleging the licensing agreements were unconscionable because of a lack of equal bargaining power.
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