Thursday, September 20, 2007

The Common Fan Pool site suffers setback

It has been a treat to be a part of the free pool site in the past couple years, but unfortunately the NHLPA has come down on the administrator. To quote the site:

"The use of player's names, images and other identifying characteristics in any manner that is commercially exploited requires a license. Using player's names in a fantasy pool is such an instance. Our standard fantasy licensing contract will require both a minimum guarantee and a royalty (the royalty being a percentage of advertising revenue brought in by the fantasy site as well as a set fee per unique user). Royalties are credited against the minimum guarantee; if you earn over the minimum guarantee you pay those royalties to the NHLPA, if you earn under the minimum guarantee you would just be liable for the minimum guarantee."

- Adam Larry, NHLPA.
The site is down temporarily, but the admin says it will be up again on September 29th. Odds are the pool won't be free this time, but we'll see what this guy is up to, bless his heart.

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6 Comments:

At September 20, 2007 at 10:58 AM , Blogger MetroGnome said...

I'm fairly certain it is false that you need a license to use a players name, even in a commercial venture. Likenesses and such - sure. But not name and stats. Those are considered "public domain"...

The CDM Fantasy Sports recently won a huge legal battle over MLB in regards to this very issue in the States. It was about baseball stats, but it's applicable to hockey.

Here's the a link to the story.

In short, if the league in question is using just names and numbers, the NHL has no right to demand a license fee.

 
At September 20, 2007 at 10:59 AM , Blogger MetroGnome said...

I'm fairly certain it is false that you need a license to use a players name, even in a commercial venture

To clraify, the above is true unless you are using the players name to explicitly endorse your product, ie: Jarome Iginla says this pool is the best!!

 
At September 20, 2007 at 11:40 AM , Blogger Zanstorm said...

"The idea on MLB's part is if you can scare all of the little companies out of the market," Colton said, "you can collect more money."

Found that funny.

That's interesting. So why the rumble over at the Common Fan. And what is Officepools doing then?

 
At September 20, 2007 at 3:28 PM , Anonymous GZ Expat said...

The NHLPA should be paying Common Fan money to use the players names...nobody else gets the players names out there!!

 
At September 20, 2007 at 6:11 PM , Blogger James said...

It should all take place in piglatin..

"I'll trade you Incentvay Ecavialerlay for Artinmay Rodeurbay!"

 
At October 7, 2007 at 4:52 PM , Blogger Matt said...

It's all good guys. We've switched gears and have "soft launched" a new site as of Oct 5. We'll be rolling out some additional features/improvements over the next few days and hard launching sometime in the coming week. Do us a favour and make your way over to TheCommonFan.com and join in the discussion. We're excited about TCF's second season, even if we're not doing pools anymore.

 

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Waiting For Stanley was created in June 2006.