Indiana law allows daily fantasy sports companies to use players’ names, likenesses, and stats without the players’ permission – that’s what the state Supreme Court said in a new decision.
College and pro athletes sued daily fantasy companies for using their names, photos, and statistics without permission. They pointed to an Indiana law that said a person must give their consent before their name or likeness is used for publicity. But that law has some exceptions, including newsworthiness – it’s why a local newspaper can print an athlete’s stats.
And the Indiana Supreme Court said that exception applies to daily fantasy sports operators. In its decision, the court rules information generally available to everyone – like players’ names and stats – “is not stripped of its newsworthy value simply because it is placed behind a paywall or used in the context of a fantasy sports game.”
The case now goes back to a federal appeals court, which had asked the Indiana Supreme Court to weigh in.