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