MLBPI Challenges DraftKings & bet365 Over Player Likeness Use

The MLB Players Inc. (MLBPI), a subsidiary of the MLB Players Association, has contested claims by DraftKings and bet365 that their use of baseball player likenesses falls under the protections of freedom of speech and the press. The lawsuit, filed in the Eastern District of Pennsylvania, accuses the operators of unauthorized usage of player images within their betting platforms and promotional content.

Central to MLBPI’s argument is Pennsylvania’s distinct interpretation of fair use, according to SBC Americas. Unlike other states, Pennsylvania law emphasizes “news reports” and “news presentations” rather than broader concepts like “newsworthiness.” According to MLBPI, this difference makes previous rulings cited by DraftKings and bet365 irrelevant since those cases were decided under different legal frameworks outside Pennsylvania.

The union further noted that neither DraftKings nor bet365 identify themselves as media organizations. This distinction, MLBPI argues, undermines their claim that social media posts featuring player images are legitimate news reports. Instead, MLBPI contends these posts serve primarily as promotional content. Supporting this assertion, the union pointed to disclaimers and responsible gambling language attached to such posts, which are required for advertisements but not for genuine news content.

Additionally, the MLBPI refuted claims that it lacks standing to file the suit, emphasizing its role in protecting the rights of individual players. While the organization itself may not claim direct harm, it asserts that its members, as individuals, have valid grounds for the complaint.

DraftKings Defends Use of Player Information

DraftKings previously filed a motion to dismiss the lawsuit, arguing that its use of MLB player images, names, and statistics aligns with First Amendment protections. The company maintained that such content—especially when paired with projections, statistics, and betting odds—constitutes matters of public interest. Citing prior legal precedents, including a 2018 case involving college athletes, DraftKings underscored that courts have consistently ruled in favor of fantasy sports operators on similar issues.

In addition, DraftKings highlighted inconsistencies in MLBPI’s complaint, noting that while the union objects to player images, it does not challenge the use of player names or statistics. DraftKings argued that these elements are protected under the same legal framework, questioning the validity of MLBPI’s selective objections.

Broader Implications Across States

The case in Pennsylvania is one of two lawsuits currently involving MLBPI. In a separate action in the Southern District of New York, MLBPI has targeted Underdog, another operator accused of misusing player likenesses. FanDuel was originally included in the New York case but was later removed after reaching a licensing agreement with MLBPI. The union cited this deal, as well as a similar agreement with Fanatics, to bolster its argument against competitors like DraftKings and bet365.

While Pennsylvania law forms the backbone of MLBPI’s case against DraftKings and bet365, the legal strategy in New York is expected to differ. Unlike Pennsylvania, New York’s fair use standards and relevant case law could shift the dynamics of the proceedings. Underdog’s response to MLBPI’s allegations is currently pending.