CBS Files Suit For Use of NFL Player Statistics in Fantasy Football
It's deja vu all over again in the Eighth Circuit to determine what intellectual property rights professional sports players have in their statistics. This time, CBS has filed a declaratory judgment against the NFL Players Association. See CBS Interactive Inc., v. National Football League Players Association (D. Minn., filed 9/3/08).
CBS Interactive is a leader in fantasy sports. In the past, CBS Interactive paid the NFLPA licensing fees to use in NFL statistics in its fantasy games. Last year the Eighth Circuit determined that any right of publicity in statistics is trumped by First Amendment concerns. See C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. (previously posted 10/16/07). The NFLPA is no stranger to the CBC case; they participated as an amicus in the Eighth Circuit and on the unsuccessful petition for writ of certiorari to the Supreme Court. And since Minnesota is in the Eighth Circuit, CBC will be controlling law.
According to the Complaint, the NFLPA demands licensing fees for use of NFL statistics. Moreover, it has stated that any party who challenges the NFLPA's claimed rights to the statistics will be excluded from the fantasy football market. The Complaint seeks a declaration that any right of publicity is superseded by the First Amendment and preempted by the Copyright Act. For good measure, the Complaint also asserts a a claim for monopolization and attempted monopolization in violation of 15 U.S.C. § 2.
