A License to Play Ball? An Analysis of Why Website Providers Should Not be Subject to Professional Athletes Players' Associations Licensing Contracts

Abstract

(2 Willamette Sports L.J., no. 2, 2005, at 44). This article discusses the rise of “fantasy league” websites that use real athletes’ performance as a basis for profit-making enterprises. It focuses on contract between the major league baseball players’ association and one corporation that gives exclusive rights to the use of players’ likenesses, names, and related information, including performances. The author argues that fantasy sports games use “newsworthy” information (i.e., statistics from games), fantasy sports leagues should not have to pay for its use. The article explains how fantasy league operators administer the leagues. It then considers the athletes’ right of publicity and the First Amendment defense to a right of publicity claim.