Pro Athletes' names usage on a site

[dan_Vt]

I run a fantasy football leage every year for some friends, and we have an online presense (ffkl.com, a VERY basic site that I haven't put any real time into, just up for info purposes). Anyway, I was thinking about charging a subscription fee to anyone who may want fantasy football advice...who to pick up, who to drop, etc..etc...because I think it's a good domain with potential.

Are there any legal issues using player names in this way? If I reference team names would I be in trouble?

Thanks for any help.

Dan

 

[labrocca]

I believe it's fair-use what you are doing. imho you are clear of any serious legal problems...btw what is the domain?

 

[0xide]

as long as you arent putting anything bad down about the player you should be ok

 

[labrocca]

well..bad and untruthful...you can say bad things as long as they are true

 

[dan_Vt]

Thanks for the help.

The domain is FFKL.com (Fantasy Football Keeper League). I'll be updating the design in the next couple days, right now, like I said, it's real basic.

 

[Doibhilin]

"you can say bad things as long as they are true"

If you live in the US and the athletes are American, you can be almost assured that you won't be sued for libel, even if what you publish isn't true. Libel suits require the plaintiff to not only PROVE that you KNEW what you said wasn't true when you printed it, but also that you lied with specific malicious intent. Public figures have very little protection from public criticism in this country (and that's a good thing).

Names aren't copyrighted, either. I play Out of the Park Baseball online, and there are hundreds of sites that use real MLB player names and generate new statistics for them. There's never been a problem and there isn't a legal basis for one.

 

[dan_Vt]

Very very cool...I'll pursue this further.

Thanks for all the help.

 

[DNQuest.com]

Actually, this issue is a bit unclear legally. All names and likeness are owned by NFL Properties. To use the names and likeness (in a commercial venture), you need a license to do so. Also, there is a court case pending about using player stats and using a players name to identify them (brought against MLB after they restricted licenses thorugh a new venture, Major League Baseball Advanced Media, could be very messy and could destroy many fantasy sites).

I am part of a venture which has come across this very issue, we had to get licenses fo the 4 major sports and college football to use the names and stats (though a partnership).

I know this isn't what you want to hear, but there could be ramifications if you did use their names in a commercial venture.

"you can say bad things as long as they are true"

If you live in the US and the athletes are American, you can be almost assured that you won't be sued for libel, even if what you publish isn't true. Libel suits require the plaintiff to not only PROVE that you KNEW what you said wasn't true when you printed it, but also that you lied with specific malicious intent. Public figures have very little protection from public criticism in this country (and that's a good thing).

Names aren't copyrighted, either. I play Out of the Park Baseball online, and there are hundreds of sites that use real MLB player names and generate new statistics for them. There's never been a problem and there isn't a legal basis for one.

Names are not copyrighted, but they are trademarked. And yes, there are legal basis for a problem. Jsut because a site hasn't been caught doesn't mean it's legal.

I do believe that MLB will not come after small sites with the exception of ones that offer fantasy baseball (basis of a current lawsuit now now brougt by CDM Sports). So if you offer fantasy advice, you probably won't be bothered. But the chance is there to be challenged. BTW- Most fantasy advice sites DO have licenses to use players names and likeness (exception of Bonds who holds his own TM on his name and is not part of the MLB labor union. so you need his expressed permission to use his name)

 

[dan_Vt]

You're right, not what I wanted to hear, but good info though. I'll try to remain updated on the court case.

 

[neotruong]

this just what i'm looking for, thanks for the info