Intellectual Property Law

Eighth Circuit Sox It to Fantasy Baseball Foes

By Steve Cosentino

On October 16, 2007, the Eighth Circuit ruled that the First Amendment protected the use of player names and statistics on fantasy baseball sites established by C.B.C. Distribution and Marketing, Inc.    C.B.C.  brought a declaratory judgement action against Major League Baseball Advanced Media, L.P. to permit the unlicensed use of names and statistics of major league baseball players in connection with fantasy baseball products available on-line.   The district court granted summary judgment in favor of C.B.C and the Eighth Circuit Court of Appeals completed the sweep by affirming the district court in C.B.C. Distribution and Marketing Inc., v.  Major League Baseball Advanced Media, L.P.

 In affirming the district court, the 8th Circuit seemed to espouse the broader proposition that the use of information in the public domain is protected by the First Amendment.  "First, the information used in CBC's fantasy baseball games is all readily available in the public domain, and it would be strange law that a person would not have a first amendment right to use information that is available to everyone."    The court also countered arguments that the use of statistics wasn't speech at all.  One particularly interesting argument by the Court related to the protection of economic interests under the right of publicity,  stating that "major league baseball players are rewarded, and handsomely, too, for their participation in games and can earn additional large sums from endorsements and sponsorship arrangements."  Sounds like the court followed the Red Sox media hyped romp through the playoffs to the exclusion of the 8th Circuit's own small market Kansas City Royals team.    (Image licensed from Jeffrey Beall under Creative Commons)

Full post as published by The TechKnowledgy Blog on October 30, 2007 (boomark / email).