Akeem Daniels, Cameron Stingily, and Nicholas Stoner, Plaintiffs-Appellants v. Fanduel, Inc. and Draftkings, Inc…

Summary

The Indiana Supreme Court answered a certified question by holding that fantasy-sports operators may use collegiate athletes' names, pictures, and statistics without consent because those uses fall within the statutory exception for material having political or newsworthy value. The court construed that exception broadly, concluding that commercial context, paywalls, and the operators' status as non-media companies do not remove otherwise publicly available sports information from the exception. The court left factual questions concerning unauthorized endorsements to the federal court.