Posted on January 23, 2008 by Kevin Lemley

ESPN Seeks Reduction in Licensing Fees After Eighth Circuit's Fantasy Baseball Decision

Late last year, the Eighth Circuit ruled that use of professional sports statistics in fantasy games is protected by the First Amendment. See C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 505 F.3d 818 (8th Cir. 2007) (previously posted 10/16/07). The ramifications from this opinion are now taking effect. The Sports Law Blog reports that ESPN is now seeking a major reduction in digital rights fees that it pays to MLB Advanced Media. As the deal currently stands, ESPN believes it is paying licensing fees for use of the statistics in fantasy games.

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