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Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue

By Stan Soocher
May 01, 2018

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.”

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