Paper Release: Fantasy League Use of Players' Names and Stats

Last August, I discussed the ruling of the Eastern District of Missouri in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., which held that fantasy league operators do not violate the players' right of publicity by using their names and performance statistics without consent. I'm pleased to announce that my recently completed article entitled, The Use of Players’ Identities in Fantasy Sports Leagues: Developing Workable Standards for Right of Publicity Claims, will be published in the Winter Issue of Penn State Law Review. An unedited draft of the article can be downloaded here. I encourage you to read it and I welcome your comments.

My article contains an in-depth analysis and application of right of publicity law to fantasy sports leagues, including a discussion about the business and economics of the fantasy sports league industry, the policy considerations involved and the application of the First Amendment. My article explains why the federal district court wrongly decided the case, and attempts to define workable standards in a confusing area of law. The article will be published in February, and the Eighth Circuit Court of Appeals is scheduled to hear the case in late spring.

Michael McCann is currently working on a paper entitled, The Wonderlic Test for the NFL Draft: Linking Stereotype Threat and the Law, which can be downloaded from the link to Michael's articles on SSRN. Michael was a guest at my law school today, and each of us presented our papers. I want to thank Michael on behalf of our student body and faculty, who thoroughly enjoyed his presentation.

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