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Fantasy Sports Dispute Results In New Views On Exceptions to Rights of Publicity

In a case of first impression, the U.S. District Court for the Southern District of Indiana has decided that the newsworthiness and public interest exceptions to Indiana's right-of-publicity statute do apply to online fantasy sports companies that use college athletes' names and likenesses.

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In a case of first impression, the U.S. District Court for the Southern District of Indiana has decided that the newsworthiness and public interest exceptions to Indiana’s right-of-publicity statute, Indiana Code §32-36-1-1 et seq., do apply to online fantasy sports companies that use college athletes’ names and likenesses. Daniels v. FanDuel Inc., 1:16-cv-01230. The Indiana statute’s liberal choice-of-law provision for right-of-publicity disputes makes the ruling nationally notable.

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