Fantasy Leagues Allowed to Use MLB Stats

The Associated Press
Tuesday, August 8, 2006; 7:10 PM

ST. LOUIS -- Fantasy baseball leagues are allowed to use player names and statistics without licensing agreements because they are not the intellectual property of Major League Baseball, a federal judge ruled Tuesday.

Baseball and its players have no right to prevent the use of names and playing records, U.S. District Court Judge Mary Ann Medler in St. Louis ruled in a 49-page summary judgment.

St. Louis-based CBC Distribution and Marketing Inc. filed a lawsuit against Major League Baseball Advanced Media, MLB's Internet wing, after CBC was denied a new licensing agreement with the baseball players' association giving it the rights to player profiles and statistics.

Major League Baseball claimed that intellectual property laws and so-called "right of publicity" make it illegal for fantasy leagues to make money off the identities and stats of professional players.

But even if the players could claim the right of publicity against commercial ventures by others, Medler wrote, the First Amendment takes precedent because CBC, which runs CDM Fantasy Sports, is disseminating the same statistical information found in newspapers every day.

"The names and playing records of major league baseball players as used in CBC's fantasy games are not copyrightable," Medler wrote. "Therefore, federal copyright law does not pre-empt the players' claimed right of publicity."

The ruling brings some relief to more than 300 businesses that run online fantasy leagues and have awaited the outcome of the lawsuit. In fantasy sports leagues, fans draft major leaguers and teams win or lose based on the statistical success of the actual players in major league games.

It wasn't immediately clear what impact the ruling would have on existing agreements, such as the ones MLB has with CBS, Yahoo Inc., and others. MLB also may appeal.

"My thought today is this ruling is pretty strong but if MLB wants to fight it they have the funds to do it," said Jeff Thomas, founder and CEO of the fantasy site and president of the Fantasy Sports Trade Association.

Thomas said's online fantasy baseball leagues have tried for years to reach agreements with MLB, but were unsuccessful and carried on without them.

Major League Baseball Advanced Media had just received the ruling this afternoon and was in the process of reviewing it, said spokesman Jim Gallagher.

"We need to talk to our partners, the Major League Baseball Players Associations, before we have anything more to say," he said.

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