QUESTION

Do I need written permission from the NFL to host a fantasy football podcast?

Asked on Sep 08th, 2012 on Entertainment Law - California
More details to this question:
I am playing to release my first fantasy football podcast. I have tried contacting the NFL for the licensing information, and I have not gotten in answer from email, phone, or by voice mail.
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3 ANSWERS

Entrepreneurial Business Law Attorney serving Portland, OR at Abts Law LLC
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This is a fun one. CBS Interactive v. National Football League Players' Association, which followed CBC Distrib. Marketing v. Major League Baseball, which decided that First Amendment rights took precedence over state publicity rights laws. Ultimately, a series of courts found that fantasy football players had the right to use the already-made-public names, likeness and statistics of athletes. ONLY publicly released information can be used and that doesn't include a football magazine's exclusive. It includes only information in the "public domain" biographical information, statistics, probably a league-released mugshot. There are also some landmines here you should never publish anything that can be misconstrued as a player endorsement of your fantasy league/website. Also, caveat: These cases are not in our circuit, the 9th Circuit, which speaks for the law on the West Coast. There's no guarantee our courts would find the same way. And the NFL and MLB are fighting hard to try and keep their licensing rights. This is still a contentious legal issue. You should still probably consult with an attorney about what you want to specifically do or say in your podcast, but you should be covered by First Amendment rights to discuss public domain information. I can't give you a proper legal opinion without more facts, so this information is just for your general knowledge.
Answered on Sep 20th, 2012 at 3:36 PM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
It depends. If you ask the NFL you need a license for everything. However, generally speaking, your fantasy coverage is news and/or informational then you do not need a license per se. In this case, you would be acting like your local news station covering sports. You would need permission, however, to use audio and video clips from and/or owned by the NFL during your podcast.
Answered on Sep 17th, 2012 at 8:18 PM

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Susan Marie Basko
The 8th District U.S. Court of Appeals has upheld that the names of the players and their statistical records are in the public domain and can be used by the fantasy sports leagues. The logos of the teams are trademarked, but it is possible your use may be Fair Use. You should work with a lawyer on this. Photos of players would be covered by the copyright and by right of publicity, so consult with a lawyer before using any photos of players. You may wish to consult with the Fantasy Sports Trade Association, FSTA, a group that works for the rights of people to hold fantasy sports leagues. Googling on that name will help you easily find the group.
Answered on Sep 16th, 2012 at 2:11 PM

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