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FSTA Applauds Ruling in Indiana Supreme Court Right of Publicity Case

In May, the Fantasy Sports Trade Association (FSTA) filed an amicus brief in support of the fantasy sports industry in the Indiana Supreme Court case, Akeem Daniels, Cameron Stingily and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc. The case involved the right to use player names, likenesses and statistics in online fantasy sports contests.

We’re pleased to learn that the Court has issued a unanimous ruling favoring FanDuel and DraftKings in the case, concluding that, “Indiana’s right of publicity statute contains an exception for material newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.”

While the decision does not determine the outcome of the Seventh Circuit case, the appellate court will rely on this decision in the resolution of this matter. It remains to be seen if the plaintiffs will elect to continue pursuing their claims.

“We are pleased that the court reached the conclusion that player names, pictures and statistics are newsworthy material that do not require licensing for use in fantasy products,” said FSTA President Paul Charchian. “The FSTA will continue to represent the interests of its membership in this case and any future cases in which the viability of fantasy sports companies is brought into question.”

The FSTA wishes to extend a special thanks to attorneys Rudy Telscher and Kara Fussner at Husch Blackwell in St. Louis for representing the organization and its membership in this matter.

About FSTA

The Fantasy Sports Trade Association represents the fantasy sports industry with over 150 member companies ranging from small startups to large media corporations. As the voice of the industry since 1998, the FSTA has been the leader in providing demographic data, annual conferences and collective action to ensure unfettered growth. For more information, visit https://www.fsta.org.