Document Type
Note
Abstract
Many scholarly articles have focused on whether professional sports leagues and their athletes have a right of publicity when it comes to the unlicensed use of daily statistical performances by fantasy sports websites. The unambiguous trend in recent court decisions is that such statistics are not protectable because they are “news” within the public domain. I submit, however, that the live transmission of such statistics without the licensed consent of athletes of leagues violates the professional athlete’s right of publicity. Accordingly, to be allowed to transmit these statistics as the game is being played, fantasy sports website operators should have to obtain licenses from professional sports leagues or their respective player unions.
This Note will begin by overviewing the history and basics of fantasy sports. Next, we will examine the intellectual property laws implicated in fantasy sports. Throughout that examination, the overarching argument of this Note will be advanced, which is how live, up-to-the-minute statistical updates amount to unjust economic exploitation of athletic performances. Contextualizing this conception with relevant legal precedents will serve to explain why fantasy sports operators should be required to obtain licenses for such live updates. A comparison between video games and fantasy sports will also be discussed, as recent legal developments concerning the right of publicity and video games may have applicability in the realm of fantasy sports. Finally, this Note will advocate for legal reforms to reflect the reality that professional athletes are entitled to a right of publicity for their live performances.
Recommended Citation
Michael B. Greenberg,
Full-Court Press: Fantasy Sports, the Right of Publicity, and Professional Athletes' Interest in the Live Transmission of Their Statistical Performances,
20 J. Tech. L. & Pol'y
(2015).
Available at: https://scholarship.law.ufl.edu/jtlp/vol20/iss2/1