A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime

Harvard Journal of Sports & Entertainment Law, Vol. 3, January 2012

53 Pages Posted: 9 Aug 2011 Last revised: 5 Apr 2012

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: August 9, 2011

Abstract

America is in the midst of a “fantasy sports revolution” that is changing the way sports fans interact with one another. With more than 30 million Americans playing fantasy sports, today’s sports fans spend as much time predicting the performance of professional athletes as Wall Street investors spend predicting stocks and bonds.

This article explains how U.S. law regulates the emerging fantasy sports industry. Part I of this article provides an overview of the history of fantasy sports leagues. Part II explores the fantasy sports industry today. Part III explains how U.S. laws apply to fantasy sports host sites. Part IV discusses how U.S. laws apply to fantasy sports participants. Finally, Part V applies U.S. laws to businesses that provide ancillary services to fantasy sports host sites and participants.

Keywords: sports, fantasy sports, fantasy baseball, fantasy football, gaming law, gambling, intellectual property, publicity rights, trademarks, copyright, patent, Uniform Internet Gambling Act, Queen Anne statutes, virtual worlds, Internet

JEL Classification: L82, L83, L86, L89, O34, P46, Z10, D21, K11, K12, K20, K23, L00, L50, M30, O14, O30

Suggested Citation

Edelman, Marc, A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime (August 9, 2011). Harvard Journal of Sports & Entertainment Law, Vol. 3, January 2012. Available at SSRN: https://ssrn.com/abstract=1907272

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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