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Pre-Game Quiz Controversy

The Quiz Channel (Carilius Media) v. The Board of Regents of Michigan State University

On October 21, 2023, a packed and nationally televised football game between two known rivals, Michigan State University (the "University") and the University of Michigan, took an unexpected turn as a typical pregame show turned into a legal quagmire. During the pre-game show held at Spartan Stadium in East Landing, Michigan, the University’s athletic department allegedly used a quiz developed by The Quiz Channel without permission. What was supposed to be a moment of light and fun trivia for the fans quickly turned into a lawsuit filed by Floris van Pallandt, owner of Carilius Media, BV, the Columbia-based company behind The Quiz Channel (collectively "Carilius").

Photo by Vitaly Krivosheev/stock.adobe.com

The Quiz Channel is a YouTube-based platform, known for creating a wide range of quizzes, both for public and private clients. One notable client, a large U.S. bank, commissioned a customized quiz for a corporate retreat. However, in this instance, the University allegedly used a general knowledge quiz without first seeking permission from Carilius. The use of the general knowledge quiz, displayed on the stadium’s scoreboard, purportedly violated Carilius’s rights and unknowingly set off a chain reaction that led to public backlash and a legal fight.

The particular quiz used focused on European History and featured a question about Adolf Hitler, including an image of him and a question about his country of birth. The inclusion of Hitler proved to be highly controversial as the game took place two weeks after the start of the Israel- Hamas war, in a sensitive political climate. The event triggered significant backlash as fans and viewers expressed their frustration on social media and news outlets, criticizing the University’s decision to display the quiz. The local mishap quickly turned into a national and international controversy and Carilius became aware of the unauthorized use of their content.

Once the criticism started pouring in, in order to shield itself, the University seems to have done something that made matters worse. Instead of taking responsibility for using the quiz without permission, the University publicly attributed the mistake to The Quiz Channel. In a statement, the University suggested that the inappropriate content was due to a “third party source,” effectively putting the heat on Carilius.

Understandably, Carilius was displeased ,and the reaction led to this legal dispute centered around copyright infringement and reputational harm caused to Carilius. While the company did, in fact, create the quiz, it was never intended for a mass-audience event at a sporting venue, especially during a period of political sensitivity. In its Complaint, Carilius alleges that the University’s use of the quiz without permission violated their intellectual property rights under the Copyright Act of 1976.

By filing the suit, Carilius is seeking justice for the unauthorized use of its content. The court will determine whether the University’s actions constituted willful copyright infringement and if Carilius is entitled to compensation for the damage done. The lawsuit highlights the importance of seeking proper authorization when using copyrighted material and understanding the potential consequences of misusing intellectual property, particularly at public events.

Stay tuned for updates as this case unfolds.