The Indiana Supreme Court recently ruled that DraftKings and FanDuel did not violate players’ “right of publicity” because their use of player data, statistics and names “falls within the meaning of ‘material that has newsworthy value,’ an exception under the statute.” The court said it made no difference that DraftKings and FanDuel used the stats and information in contests that required entry fees and awarded cash prizes.
In its decision, Justice Steven David wrote, “Defendants’ use of players’ names, images, and statistics in conducting fantasy sports competitions bears resemblance to the publication of the same information in newspapers and websites across the nation.”
The suit was brought by three former Northern Illinois University football players, Akeem Daniels, Cameron Stingily and Nick Stoner who claimed they should be compensated by DraftKings and FanDuel for the use of their names and statistics. The case was filed in 2016 when the two companies only operated daily fantasy sports websites; now both also offer sports betting. The claimants cited Indiana’s right of publicity law which states a company cannot use a person’s name or likeness without permission.
A previous federal court case also was dismissed based on the “newsworthiness” exception. R. Stanton Dodge, DraftKings’ chief legal officer, said, “Sports statistics–and the ability for all fans to freely access them–have always been at the center of the American sports fan experience.”
American Gaming Association Vice President of Government Relations Chris Cylke said the Indiana ruling “builds on the already extensive jurisprudence concluding facts are not protected under IP and/or right of publicity laws. As it relates to sports betting, we hope this further encourages sports leagues and player associations to work constructively with the gaming industry to establish a robust legal market for betting, which our research shows will be worth more than $4 billion in new revenue to them. Attempting to use legislatures and the courts to extract fees and direct payments from sports book operators severely undercuts the prospects of success for a legal market that can benefit consumers, operators, leagues and governments alike.”
Cylke continued, “The emergence of new advertising partnerships between operators and sports teams further underscores the fact that the gaming industry has been embraced by Americans as a mainstream form of entertainment. AGA is committed to working with our members and other stakeholders to ensure sports betting advertising is done responsibly, whether on television, the internet or in stadiums and arenas around the country.”
