An Examination of the Intellectual Property Issues Surrounding the Burgeoning Fantasy Sports Industry
When Fantasy Meets the Courtroom: An Examination of the Intellectual Property Issues Surrounding the Burgeoning Fantasy Sports Industry ZACHARY C. BOLITHO* With an estimatedfifteen million people nationwideparticipating in fantasy sports games, the fantasy sports industry has grown into one of the greatest cultural obsessions in modern-day America. Despite adding excitement to the lives of sports fans, the fantasy sports craze raises a number of complex intellectualproperty law issues that are in need of examination. This Note provides an in-depth exploration of the legal doctrines of copyright and the right of publicity and how they should be applied in the context offantasy sports. I. INTRODUCTION What passion does America's favorite Bat out of Hell, soft-rocker Meat Loaf, share with Hall of Fame quarterback Dan Marino, perennial Cy Young candidate Curt Schilling, U.S.A. Softball pitcher Jennie Finch,' your child's elementary school teacher, the next door neighbor, and an estimated fifteen million other Americans? 2 Answer: fantasy sports.3 As evidenced by the * Note & Comment Editor, Ohio State Law Journal, J.D., The Ohio State University Moritz College of Law, expected 2007. B.A., summa cum laude, Sociology, Mount Union College, 2004. This Note would not have been possible without the patience and support of my wonderful wife, Kayla, who has yet to complain about spending many nights alone. Also, thank you to my parents, Jack and Connie Bolitho, as well as my grandparents, Donald and Helen Wright, for their constant encouragement and assistance throughout my educational career. Finally, thank you to Professor Sarah Cole for commenting on an earlier version of this Note.
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