In a significant legal battle, the Major League Baseball Players Association (MLBPA) is challenging DraftKings and bet365 for their use of player images in apps and advertisements. The dispute centers on whether these companies are exercising free speech or infringing on players' likenesses. The case has been brought to the Eastern District of Pennsylvania, where MLBPA argues that existing fantasy sports-related precedents do not apply due to the unique wording of Pennsylvania's fair use statute. This case highlights the tension between protecting athletes' rights and the freedom of digital platforms.

Pennsylvania Law at the Core of MLBPA's Argument Against DraftKings and bet365

In the heart of autumn, as baseball fans prepare for the postseason, a legal storm brews in the Eastern District of Pennsylvania. The Major League Baseball Players Association (MLBPA) has launched a robust defense against DraftKings and bet365, asserting that these companies misuse player images within their applications and promotional materials. The operators have attempted to dismiss the lawsuit by citing past cases that upheld the newsworthiness of player images and statistics. However, MLBPA contends that these precedents are irrelevant because they originated outside Pennsylvania.

The crux of MLBPA’s argument lies in the specific language of Pennsylvania’s fair use law, which emphasizes "news reports" or "news presentations" rather than mere newsworthiness. Moreover, MLBPA points out that neither DraftKings nor bet365 identify as media entities, suggesting that their social media posts about players are more promotional than journalistic. These posts include standard disclaimers typically found in advertisements, further reinforcing the argument that they serve a commercial purpose rather than a news function.

Additionally, MLBPA addresses concerns over standing, clarifying that while the organization itself may not be directly harmed, it acts to safeguard the interests of its individual members who have legitimate grounds to pursue the suit. This strategy reflects the association's commitment to protecting players’ rights and reputations.

In a related development, MLBPA is also involved in a separate lawsuit against Underdog in New York, where state laws necessitate a different approach. FanDuel, initially part of this New York case, was dropped after agreeing to a licensing deal with MLBPA. This partnership serves as a strategic move, bolstering MLBPA’s arguments against its competitors.

This ongoing legal saga underscores the evolving landscape of athlete rights in the digital age. As sports betting and fantasy leagues continue to grow, the boundaries between promotion and journalism become increasingly blurred. The outcome of this case could set important precedents for how player images are used in the future, impacting both athletes and digital platforms alike.

From a journalist's perspective, this case highlights the need for clearer guidelines on the use of athlete images in promotional content. It raises questions about the balance between protecting individual rights and allowing companies to leverage popular figures for marketing purposes. Ultimately, this dispute invites a broader conversation about the intersection of sports, media, and commerce in today’s interconnected world.