Prompted by an e-mail from a reader, we’ve had the occasion to take an ever closer look at the lawsuit filed by Yahoo! against the NFL Players Association regarding whether fantasy football games may be operated without the payment of a fee to the players.
And, as it turns out, the lawsuit attempts not only to utilize without compensation the names of the players, but also “likenesses (including, without limitation, numbers), pictures, photographs, voices, facsimile signatures and/or biographical information (including but not limited to player statistics).”
Um, so why does Yahoo! need anything more than the names?
Thus, while we think that this case is a no-brainer with respect to the ability of Yahoo! (or anyone else) to run a fantasy football game by using player names and stats, we don’t believe that the case is quite so clear when it comes to the use of likenesses, voices, etc., especially since those things aren’t necessary to play fantasy football.
In our view, if Yahoo! wants to enhance the basic name-and-stats fantasy experience, Yahoo! probably should have to pay for the ability to use likenesses, pictures, voices, etc.
Yahoo! Taking An Aggressive Approach In Fantasy Football Suit
Posted by Mike Florio on June 4, 2009, 11:20 AM EST
15 Responses to “Yahoo! Taking An Aggressive Approach In Fantasy Football Suit”
Hmmm, I guess Yahoo must be worried that the NFLPA will try to do an “exclusivity” deal with a bigger fantasy football entity (ESPN comes to mind…or CBSSportsline) a la the Madden video game series.
I’m not convinced anything more than the name-and-stats fantasy experience is needed…but it does seem as though Yahoo is worried about that possibility.
But NFL.com has such an advantage…it’s a shame they have such a junky product. If they were smart, they would allow “premium” members to watch scoring plays online moments after they happen right on a live-scoring page. If they just got on the ball, yahoo/CBS/ESPN would be really behind the eight ball.
Might the likenesses, etc. extend to the video coverage that the Yahoo! “experts” do on a weekly basis? Or is this covered under a standard journalism umbrella? While I disagree with Yahoo! specifically re: signatures and the like, I agree with them in principle that they should be able to continue using at least names and stats on a free-basis. I disagree with the NFLPAs position that they should be compensated every time a players name is uttered. That’s ridiculous. The NFL is really starting to milk its fans for every dollar possible and it’s sort of disgusting.
The Union has to go after all uses of the names, likenesses, stats (how they get the rights to those I don’t know, I thought the NFL held those), signatures, or they lose the rights for failure to defend. It’s the same reason Disney goes after daycares for putting disney pictures on the walls. If you don’t protest every little violation, you lose the right to protest the big ones.
That said, names and stats are public domain practically. Likenesses, signatures are not. This one is ripe for a compromise that preserves stupid fantasy football (what happened to the TEAM concept?) while protecting the players’ other rights.
I agree with Florio 100%
:rolleyes:
pretty soon we’ll have to pay royalties to *talk* about players on our favorite teams.
I hear Taco Bill is joining the suit…
Could be a case of asking for a lot and settling for what you want.
The NFL has to realize that the more channels through which their product can be pushed the better. It’s FREE advertising for the 32 billionaires that run NFL clubs. FREE FREE FREE! They don’t pay a cent!
As a Canadian, I know at least 30 people that couldn’t name three players in football five years ago. Now they know the 3rd string RB on the Jaguars, now they’re shelling out hundreds of bucks for NFL GamePass on Yahoo, now they’re buying $300 authentic jerseys!!
IT’S FREE ADVERTISING. The NFL should realize this and try to encourage fantasy football on as many websites as possible.
What company doesn’t want free publicity?!?
CBS Sportsline has increased their league fee AGAIN this year! They are now charging a whopping $179.99! Both of my leagues have already voted to move our operations.
Most fantasy football leagues show the player’s picture next to his name when you add him to the day’s lineup. Are fans (excuse me, “consumers”) supposed to avert our eyes unless we pay a freakin’ fee?
If I care what the backup TE I’m forced to play because I drafted like crap looks like, I can Google it & find out in 5 seconds. No way the players union can make a proprietary claim on something like that, or stats for that matter.
It’s not like FF players are getting a free jersey in the mail every week.
If you play Yahoo Fantasy Sports, you notice that pictures of the players appear on their profile pages, along with birth dates and a player’s college, with links to news articles which could include other photographs relating to the player. More and more you’re seeing Yahoo use video opinion pieces as well where they sit down their in-house experts for a few minutes regarding trends and analysis (not unlike PFTV).
Filing a lawsuit that covers facsimiles, biographical information, video, voices, etc. could simply be covering content already included in Yahoo! Fantasy Football and not really be expanding what they’re doing already at all.
I agree. The names and stats are news and are fair game for fantasy sports. But the images and signatures and what not? C’Mon Yahoo! hire a lawyer who actually knows the law.
AS to the use of ONLY the names and statistics in fantasy sports, the 8th circuit has ruled that such use does not violate the player’s rights to publicity in a case involving major league baseball. See CBC v. MLB available here: http://www.ca8.uscourts.gov/opndir/07/10/063357P.pdf
Of course another court might disagree, but this decision has strong persuasive authority.
AnthonyinMN has got it, I think.
Does Yahoo! or ESPN or any other sports site have to pay the NFLPA to publish player pictures, stats, audio clips, video footage, etc on their site?