Unions representing numerous leagues argue that operators infringe on players' publicity rightsGETTY IMAGES
Sports unions and players associations said that DraftKings and FanDuel "shouldn't be allowed to use players' images without permission, staking out a position that could have far-ranging effect" following the Supreme Court's decision to allow legalized sports gambling, according to Andrew Beaton of the WALL STREET JOURNAL. The groups "made their argument in an amicus brief filed in a case that is now being heard by the Indiana Supreme Court after having reached the Seventh U.S. Circuit Court of Appeals and being sent back." In the case, three former college football players "argue that the fantasy games DraftKings and FanDuel violate state publicity laws by using players' names and likenesses." Unions and players associations representing the NFL, NBA, MLB, NHL, MLS, USWNT and WNBA "argue in court papers that the fantasy sports operators 'infringe upon plaintiffs' statutory publicity rights and are not within any statutory exemption.'" However, DraftKings and FanDuel have "cited the First Amendment and argued that the players' names and statistics are widely available for free." But the groups representing the players "argue that the commercial use of the players' names, images and statistics violates state law." Video games, for example, "typically have to pay licensing fees to player unions for the rights to use players' likenesses." One of the issues that "concerns these groups is if and how they will be compensated for the use of the players' publicity rights if sports betting becomes more common across the country" in the wake of the Supreme Court ruling (WALL STREET JOURNAL, 5/19).
