Fantasy sports, fair use and the First Amendment

by Walter Olson on October 9, 2008

Rutgers visiting lawprof Marc Edelman hopes the Supreme court will agree to clarify to what extent fans and other third parties are free to use players’ and teams’ names and statistics. (AmLaw Daily, Oct. 8; earlier here, etc.)

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{ 3 comments }

1 Deoxy 10.09.08 at 1:47 pm

I don’t see any way they can claim a right to the statistics. Factual happenings aren’t subject to coptright, are they?

2 z0l0ft 10.09.08 at 4:18 pm

So, if CBS loses, does this mean that I will have to pay the celebs who I pick for my ‘Dead Pool?’

3 Todd Rogers 10.09.08 at 4:41 pm

I’m worried that the NFL is going to come up with a mechanism which keeps track of the anvil and hammers within my ears and charge me a premium every time they vibrate the sounds “Peyton Manning” against my auditory nerve. Just last year they threatened a local church with a lawsuit for “broadcasting” the footgall which comes at the end of the playoffs, which happened to be between Indy and Chicago (Indy won). Footnote: http://www.theindychannel.com/sports/10902206/detail.html

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