MLB loses in fantasy stats lawsuit

The United States Court of Appeals for the Eighth Circuit (located in my temporary home of St. Louis) today decided CBC Distribution and Marketing, Inc. v. Major League Baseball Advanced Media. At issue was whether the MLBPA could control use of players' names, statistics, and other personal information to prevent a fantasy-sports company from using this information in its leagues without a license. MLBPA had granted exclusive right to a company formed and controlled by MLB, which planned to operate fantasy leagues.

The court held that, although the players enjoyed a state-law right of publicity in their names and other personal information, their publicity rights were trumped by CBC's First Amendment right to use this information. The court balanced the substantial public interest and value in this information against the relatively weak right of publicity in play. CBC's use of the information does not interfere with the players' economic interests, their ability to earn a living from their names or their performances, which is the interest at the heart of the right of publicity; that weakened publicity interest must give way to free speech rights.

Neil Richards at CoOp comments and links to the opinion.

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