Brian Dawkins and the NFL have asked the Department of Homeland Security to take down a video that used the former player’s likeness without authorization, according to Breitbart.
The report identifies both the league and Dawkins as seeking removal. The available information does not establish whether DHS has complied, responded to either request or explained how it obtained the material. It also does not identify the video’s distribution platform, its full contents or the circumstances in which Dawkins appeared.
Dawkins is a former NFL safety associated with the Philadelphia Eagles. The permission dispute concerns his appearance in material distributed by a federal department. DHS oversees responsibilities including border security, immigration enforcement, transportation security and disaster response through its component agencies.
The supplied reporting does not identify a particular DHS component as responsible for the video. It therefore does not support assigning its production or publication to an individual agency within the department.
How permission for an athlete’s likeness works
Permission to use a recognizable person’s identity is a different question from permission to reproduce a recording. A single video can involve several distinct interests: copyright in the underlying footage, rights connected to a person’s name or likeness, and trademarks visible in the material.
Copyright generally governs copying, distributing and displaying protected creative works. Ownership of a recording does not automatically resolve every question about using the identity of someone shown in it. Conversely, a person’s appearance in footage does not necessarily mean that person owns its copyright.
Rights of publicity address certain uses of an individual’s identity and vary by jurisdiction. Their application depends on factors such as the nature of the use, the relevant law and protections for expression. A lack of permission alone does not establish that every publication of someone’s image is unlawful; news reporting and other protected uses can raise different considerations.
These distinctions explain why a takedown request and a finding of illegality are separate matters. The available account describes requests for removal. It does not establish a court ruling, a filed lawsuit or a determination that DHS violated a particular law.
What the league’s involvement establishes
The NFL’s involvement establishes that the league also sought removal, according to the report. It does not, by itself, establish which rights the league asserted or whether the request relied on copyright, contractual terms, branding concerns or another basis.
Athletes, teams, leagues and producers can hold different rights relating to the same sports material. Identifying the relevant rights in this instance would require details about the video and any permissions or agreements governing its use. Those details are not included in the supplied account.
Likewise, an athlete’s appearance in a government video does not by itself demonstrate that the athlete agreed to endorse the agency or its message. Whether this particular video expressly suggested endorsement is unconfirmed.
What to watch
The next verifiable developments would be a DHS response, confirmation that the video has been removed, or a fuller explanation from Dawkins or the NFL of the permission at issue. Those details would clarify both the outcome of the request and the scope of the dispute.
Join the discussion
Sign in to comment, vote and follow the stories you care about.
Sign in to commentNo comments yet. Be the first to add context to this story.