|  | ||||||||||||||||||||
| | ||||||||||||||||||||
| Chilling Effects Clearinghouse > Weather Reports > Game On: MLB can't control fantasy leagues' use of stats | 
|
|  Game On: MLB can't control fantasy leagues' use of statsElizabeth Gonsiorowski, Brooklyn Law School, September 8, 2006 Abstract: In a home run for fantasy baseball players, a court held that online fantasy leagues can use Major League Baseball statistics without a license from MLB. The statistics are facts belonging to the public, not property of MLB or its players, the court found. In response to the growing number of sports fantasy leagues--leagues in which players "draft" imaginary rosters of real players and compete based on those players' game statistics through the season--Major League Baseball has licensed its players' statistics to some of these leagues. One league provider, whose license had expired, sought a declaratory judgment that it could use the statistics for online fantasy leagues without paying license fees. MLB argued that the online league's unlicensed use violated baseball players' rights of publicity. While the right of publicity gives players some control over commercial uses of their names and images, the court found that the online leagues did not violate those rights. The court held that even though the fantasy league operated for profit, it did not use the players' identities for commercial advantage. The court also held that the players' rights of publicity did not outweigh the league's right to republish newsworthy information, even for commercial purposes. Furthermore, statistics, like all facts, are not copyrightable. "CBC's use of Major League baseball players' names and playing records does not give CBC something for free for which it would otherwise be required to pay; players' records are readily available in the public domain." Fantasy leagues, and baseball fans across the country, can take a base walk. See: C.B.C. Distribution and Marketing Inc. v. Major League Baseball Advanced Media, No. 4:05CV00252MLM, 2006 U.S. Dist. Lexis 55060 (E.D. Miss. Aug. 8, 2006)
|
|
|
|
Recent C&Ds