Fantasy Sports and the Right of Publicity: A Case for Viewing Dissemination of Player Statistics as Fair Use of the News

Authors

David L. Pratt II

Publication Date

10-1-2006

Document Type

Comment

Abstract

This Comment argues that the use of player names and statistics in the fantasy sports context should be granted a narrow exemption from the "right of publicity" doctrine because such use is essentially no more than news reporting. Part II examines the evolution of fantasy baseball from its humble origins and explosive growth to the legal debate that presently surrounds it. Parts III and IV seek to demonstrate why the crux of the dispute turns on the rights to player names, and not on ownership of the actual statistics. Part V examines the development of the right of publicity doctrine and suggests that the doctrine supplies the appropriate test for analyzing the dispute. Finally, Part VI proposes the need to adopt a narrow "fair use" exception to the right of publicity and Part VII concludes that the line between news and commerce demands that statistics used for fantasy sports be considered a fair use rather than a promotion for profit.

DOI

10.37419/TWLR.V13.I1.7

First Page

215

Last Page

238

Recommended Citation

David L. Pratt II, Fantasy Sports and the Right of Publicity: A Case for Viewing Dissemination of Player Statistics as Fair Use of the News, 13 Tex. Wesleyan L. Rev. 215 (2006).
Available at: https://doi.org/10.37419/TWLR.V13.I1.7