The Indiana Supreme Court heard arguments Thursday on a case "pitting fantasy sports companies against athletes who want compensation for the use of their names, photos and statistics," which has "national implications for the emerging and massive market of legal sports betting," according to Mark Alesia of the INDIANAPOLIS STAR. If the athletes prevail, it "could open the door to players unions demanding licensing fees from legal casinos that use players for 'proposition' bets." However, it will be "weeks or months before the justices issue their ruling." A "crucial point in the case is whether the fantasy sports companies are providing material that's 'newsworthy' or 'reporting of an event ... of public interest.'" That would "allow FanDuel and DraftKings to operate under an exemption to Indiana law that gives individuals control over the commercial use of their name." Attorney Ian Gershengorn, representing the two DFS outlets, said "public domain statistics are absolutely newsworthy." He noted the "routine use of athletes' names and statistics by newspapers." Meanwhile, attorney Todd McLawhorn, speaking for the athletes, said the fantasy sports companies are "trying to be a newspaper and a game" (INDIANAPOLIS STAR, 6/29).
