MLBPA Accuses Sports Betting Giants of Exploiting Player Images Without Licensing Agreements

On September 16, 2024, the MLBPA filed lawsuits accusing the betting platforms of violating the rights of hundreds of players by using their likenesses without the right licensing deals in place.

Separate courts saw different lawsuits filed. At a Philadelphia federal court charges were filed against DraftKings and Bet365, while a New York state court saw challenges to FanDuel and Underdog Fantasy, reported Reuters. The MLBPA acting through its business arm MLB Players, wants to get both compensatory and punitive damages. It claims these platforms are making money using player likenesses to get more users involved and boost betting.

MLB players say using their pictures on betting sites is not needed to place bets, since most bets rely on stats. They claim these companies use player images more to promote and make their platforms look better to gamblers. The players argue this makes it seem like they support these sites, which might not be true. According to the players, this unauthorized use of their images is just to draw in more customers and make the betting platforms more appealing.

What makes this lawsuit stand out is how baseball players are treated compared to athletes in other sports. The MLBPA pointed out that betting sites like DraftKings and Bet365 do not use player images in their NFL products even though they offer similar bets. The players argue that MLB players' likenesses were used on purpose to cash in on their fame.

These lawsuits happened just after the NFL Players Association (NFLPA) also sued DraftKings saying they used NFL player likenesses in non-fungible tokens (NFTs) without permission. The MLBPA's legal actions are part of a bigger trend. Professional athletes and unions are getting tougher about protecting their Name, Image, and Likeness (NIL) rights. These rights have become a big deal in sports law.