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The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state’s right-of-publicity statute, Indiana Code §32-36-1, in fantasy sports settings. Daniels v. FanDuel Inc., 18S-CQ-00134.
The question is: “Whether online fantasy-sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.”
The U.S. District Court for the Southern District of Indiana decided that the newsworthiness and public interest exceptions to Indiana’s right-of-publicity statute applied to online fantasy sports companies that use college athletes’ names and likenesses. Daniels v. FanDuel Inc., 1:16-cv-01230 (S.D.Ind. 2017).
The Eleventh Circuit noted: “Plaintiffs maintain in this court that the district judge misunderstood the scope of these exemptions — indeed, erred even in asking what the exemptions mean. According to plaintiffs, [defendants] FanDuel and DraftKings are illegal gambling enterprises to which none of the statutory exemptions applies. Defendants reply that their operations are lawful and that at all events none of the language in the right-of-publicity statute makes anything turn on a question extrinsic to the right-of-publicity law itself.”
By Tony Mauro
The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.
By Andrew Denney
Legislature Considers Publicity Law Update
Ruling in a matter of first impression, New York’s high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.
By Crystal Genteman and Chris Bussert
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News’s viewership and its ability to license its news clips to third parties.
By Scott Graham
The California Court of Appeal created some First Amendment breathing room for the creators of docudramas — at the expense of legendary actress Olivia de Havilland — when the court ordered her suit against FX Networks over its Emmy Award-winning miniseries Feud be stricken under California’s anti-SLAPP law, even if it did play a little fast-and-loose with de Havilland’s character.