My two worlds (fantasy sports and the law) collided today as I read the NYT article on a current lawsuit involving a dispute over who actually owns the statistics generated by players in professional sports leagues.
The question is whether fantasy league providers should have to pay Major League Baseball for the right to use daily statistics and player names for it's leagues. The fantasy sports industry argues that these statistics and names are in the public domain, they are used every day by newspapers and other news outlets. MLB counters that fantasy league providers are using the stats and names of players in order to profit in a commercial setting, and thus they should be required to attain a license from MLB before running their leagues.
This is a really interesting dispute, and in resolving the issue, a judge will be forced to decide what the essence of a fantasy league actually is. In "reality," a fantasy league is a context for passionate fans to become engrossed in stats and player names in a more personal way than merely reading a news story. But MLB's argument hinges on the widespread assumption among fantasy managers that what they're doing is actually somewhat real. In other words, when I trade Josh Beckett for Ben Sheets, in my head im trading more than just a name and stats. Im trading the persona and the public image of those players. I think, "wow, Ben Sheets is on my team now, how cool is that!" If I was merely trading a name and stats, I would probably have been more wary of Ben Sheets' injury problems this spring (he's currently on the disabled list). This thought process is common among fantasy managers, and it is a big reason why fantasy sports is so popular today.
This is a tough argument for MLB to make, and its success will depend on whether the judge or jury deciding the case has any real familiarity with how fantasy leagues work.
The major fantasy league providers such as Yahoo! and ESPN already pay the license to MLB, and for this reason they are able to display pictures and video along with the player names and stats. But the small-time providers worry that requiring this license will essentially grant MLB a monopoly over the rights, and competition will be stifled.
The way I see it, players make enough money with their exorbitant salaries (and this is especially true for baseball players). A player gets paid to be a public figure, and his/her professional attributes are thus in the public domain and should be available for free use.
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