The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. This comment proposes the creation of a federal right of publicity statute for equity and continuity.
Edward Kuester, The Conflict Between an Athlete’s Right of Publicity and the First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015)