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Coscarart V. Major League Baseball: No Field of Dreams Ronald P Hastings Communications and Entertainment Law Journal Volume 20 | Number 4 Article 5 1-1-1998 Coscarart v. Major League Baseball: No Field of Dreams Ronald P. Wargo Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Ronald P. Wargo, Coscarart v. Major League Baseball: No Field of Dreams, 20 Hastings Comm. & Ent. L.J. 877 (1998). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol20/iss4/5 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Coscarart v. Major League Baseball: No Field of Dreams by RONALD P. WARGO* I. Current Problems 8 II. No Pension for the Players 8: III. Current Lawsuits 8: IV. The Right of Publicity 8: A. Common Law Right of Publicity & 1. Use of the Plaintiff's Identity 8: 2. Appropriation of Plaintiff's Name or Likeness to the Defendant's Advantage, Commercially or Otherwise 8 3. Consent 8: 4. Resulting Injury 8. B. The Statutory Right of Publicity 8' 1. Knowing Use 8' 2. Direct Connection Between Use and Commercial Purpose 8' V. Solutions 8' VI. Conclusion R1 * J.D., 1998. Attorney in the firm of Lanferman, Fisher & Hasimoto, Fremont, California. The author wishes to thank his wife Carol for all her love and support. HASTINGS COMM/ENT L.J. [VOL. 20:877 Introduction From 1938 to 1946 Peter Joseph Coscarart lived the life many people only dream of. He played Major League Baseball ("MLB") for eight years.' A regular for six of those seasons, Coscarart had a satisfying career with two teams-the Brooklyn Dodgers and the Pittsburgh Pirates.2 He never led the league in any category, but he made the National League All-Star team in 1940.3 He also played in the famous 1941 World Series.4 His highest annual salary was $9000.1 In order to make ends meet, he worked during the winter 6 at a local Texaco station. His former teammate, Dolph Camilli, won the National League Most Valuable Player Award in 1941 with the Dodgers.7 Camilli played for twelve years on four different teams, After his career ended in 1945, he received some consideration for induction into the 9 Baseball Hall of Fame. Frank Crosetti merited Hall of Fame consideration as well.' Crosetti played in seven World Series during his 17-year career with the New York Yankees." He was a teammate to some of baseball's all-time great players such as Babe Ruth, Lou Gehrig, and Joe DiMaggio. He last played in 1948.12 Even though Al Gionfriddo played in the majors for only four years, he provided fans with one of the most memorable plays in World Series history: robbing the great Joe DiMaggio of a home run 1. See TOTAL BASEBALL 710 (John Thorn et al eds., 5th ed. 1997). 2. See id. 3. See Six Dodgers, Five Giants Chosen on National League's Star Team, N.Y. TIMES, July 2, 1940 at 24. 4. See TOTAL BASEBALL, supra note 1 at 312. 5. See All Things Considered: Robert Stiegel interview with Pete Coscarart(National Public Radio broadcast, Mar. 19, 1996). 6. Id. In contrast, today's highest paid MLB player, Mike Piazza of the New York Mets, makes $13 million a year. See Thomas Hill, Mike Gets Whole Piazza Mets' $91M Makes Catcher Big Cheese, NEW YORK DAILY NEWS, Oct. 25, 1998 available in WESTLAW 1998 WL 14339321. 7. See TOTAL BASEBALL, supra note 1, at 671. 8. See id. 9. See id. Camilli received 9 votes for the Hall from 1948-1960. Id. at 231. 10. See id. Crosetti received 31 votes for the Hall from 1950-1968. Id. at 232. 11. See id. at 718. 12. See id. 19981 No FIELD OF DREAMS in Game Six of the 1947 Series. 3 That game was Gionfriddo's last in 14 the majors. Seymour "Cy" Block performed in a backup role for parts of three seasons with the Chicago Cubs.15 The third baseman played only seventeen games in the major leagues but was fortunate enough to participate as a pinch runner in the 1945 World Series.16 His baseball career ended in 1946.17 After retirement, these five men received no remuneration from the sport they helped to popularize. A few struggle to make ends meet, plagued by health problems and other financial crises. 18 Along with 72 other retired players who never received a pension, they are asking their former employers for the benefits that are provided 19 automatically now. Today's players average millions of dollars in salary annually, and many earn additional money through commercial endorsements and other business opportunities. 20 Any player who appears on a major league roster for even one day receives a pension once he leaves the sport.21 If a current player lasts 10 seasons, he will receive the full pension of $113,000 per year.22 Playing for MLB means lifetime financial security for most participants. Unfortunately for Pete Coscarart, Dolph Camilli, Frank Crosetti, Al Gionfriddo, Cy Block, and 72 other former players, this luxury does not extend to all former players. For one reason or another, these men did not qualify for a pension.23 During their baseball careers, they struggled to make ends meet, and today they do the same. Baseball has forgotten them. This article summarizes the recent efforts by retired players to recover some financial reward for the efforts they put into the game over 50 years ago. It explores recent class action suits filed by Pete 13. See id. at 318. 14. See id. 15. See id. at 633. 16. See id. at 316. 17. See id. at 633. 18. See Steve Zipay, For Pre-1947 Players, There Are Memories But No Pensions, NEWSDAY, May 19, 1996, at B16. 19. See id. 20. See Larry Stone, Players' Final Years Not So Golden, SEATrLE TIMES, Jan. 28, 1997, at El. 21. See id. 22. See Mark Hyman, Old Timers Take a Swing at Baseball, BUSINESS WEEK, June 9, 1997, at 78. 23. See infra notes 24-27. HASTINGS COMM/ENT L.J. [VOL. 20:877 Coscarart, and focus on a suit involving claims that MLB violated these former players' right of publicity. The article concludes that these players have little chance of receiving even a small recovery. MLB should not drag these elderly gentlemen through a long litigation process. Instead, current owners and players should find an alternative way to compensate the players who helped pave the way for the popularity the game enjoys today. I Current Problems MLB established its pension fund in 1947, giving the players money after they retired in exchange for rights to the players' likenesses, images, and photographs.24 The players received fifty dollars per month, which increased to one hundred dollars if they played at least ten years in the majors.2' Everyone who was active on the last day of the 1946 season or the first day of the 1947 season with at least five years of major league service received retirement money.26 Sadly, MLB stranded players whose careers did not fall within this time frame.27 Ironically, it may have been Pete Coscarart's final team, the 1946 Pittsburgh Pirates, that induced owners to begin the pension system for retired players. 28 That year Robert F. Murphy, a labor attorney from Harvard, talked to the Pirates about their labor rights.29 Murphy urged the players to strike if they did not receive a minimum salary and a retirement pension.30 The team voted against the plan to strike, probably because players at that time felt powerless against the owners. 31 Those players who voted to strike, including Pete Coscarart, were traded or released before the end of the 1946 season. 32 The released players did not receive any compensation for their efforts 24. See Two Class Action Lawsuits Filed Against Major League Baseball Today, P.R. NEWSWIRE, Mar. 18, 1996. 25. See Zipay, supra note 18, at B16 26. See id. 27. For example, Pete Coscarart, Dolph Camilli, and Cy Block were not on a major league roster at the end of the 1946 season. Al Gionfriddo and Cy Block did not qualify because they did not have the required five years of service. Id. 28. See Zipay, supra note 18, at B16. 29. See id. 30. See id. 31. See id. 32. See id. 19981 No FIELD OF DREAMS because they were not on the Pirates' roster on the last day of the 1946 season, excluding them from the pension they helped create. The pension illustrates only one of the inequities endured by these retired players. Not only did MLB prevent these players from receiving a pension, it also forbade the players from earning extra money by selling memorabilia.33 MLB owns the trademarks to all logos and team names, so players must receive licenses from the sport before they can sell memorabilia.3 4 Often, the license fees cost more 35 money than any sales generate. MLB attempted to remedy this injustice through its licensing arm, Major League Baseball Properties ("MLB Properties"). MLB Properties began representing retired players in 1992.36 Under the representation agreement, MLB Properties oversaw the sale of retail licensed merchandise and divided the royalties among the retired players.37 The representation ended on December 31, 1997 because many players, including some of the elderly players who did not receive a pension, sued MLB and MLB Properties for breach of contract, breach of the implied covenant of good faith and fair dealing, 3 8 and breach of fiduciary duty.
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