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.
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run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.
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Judith L. GrubnerThis premium content is locked for The Intellectual Property Strategist subscribers only
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