Entertainment, Arts, and Sports Law Commons^™

The Fantasy Of Athlete Publicity Rights: Public Fascination And Fantasy Sports' Assertion Of Free Use Place Athlete Publicity Rights On An Uncertain Playing Field, Maureen A. Weston Prof.

Maureen A Weston

This Comment examines the treatment of athlete publicity rights in the context of fantasy sports as well as new media uses. Part I examines cases where athlete publicity rights have been recognized and rejected. Part II focuses upon fantasy sports' challenge to player publicity rights in C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P. In C.B.C, both the federal district court and Eighth Circuit Court of Appeals upheld, albeit for different reasons, the unlicensed use of player names and statistics by a fantasy sports provider in the online games that C.B.C. sells to the public. Part …