Dispute Over Baseball Statistics Goes to Eighth Circuit
The Eastern District of Missouri encountered a high-profile case regarding baseball statistics in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 443 F.Supp.2d 1077 (E.D. Mo. 2006).
CBC operates a fantasy baseball game using Major League Baseball players' names and statistics. The players, through Major League Baseball Players' Association, brought claims for right of publicity and copyright infringement. The court found that CBC's use of the players' names and statistics did not indicate sponsorship by the players, and in a thorough opinion, the court held that: (1) CBC did not violate the players' right of publicity; (2) First Amendment concerns took precedence over right of publicity; and (3) the players' right of publicity was not preempted under the Copyright Act.
This was the expected (if not popular) result, and the case has been appealed. The Eighth Circuit should weigh in on the scope of right of publicity and express preemption. Note that the court recently addressed conflict preemption in Davidson & Associates v. Jung, 422 F.3d 630 (8th Cir. 2005).
