Fantasy Baseball First Amendment Rights

Recently, the right of publicity of baseball players featured prominently in a federal appellate decision. <i>C.A.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.</i> The Eighth Circuit concluded that the First Amendment rights to run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.

19 minute read February 28, 2008 at 06:48 AM
By
Judith L. Grubner
Fantasy Baseball First Amendment Rights

Certain state laws have created an intellectual property right known as the 'right of publicity,' protecting the rights of individuals to control the commercial use of their identities.

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