NFTs, online fantasy sports and rights of players and creators – Times of India

In recent years, online fantasy games (OFS) have become increasingly popular, with millions of people participating in various games and tournaments in India. Now, with the rise of NFTs, new companies are getting in on the action, using NFTs to enhance their gameplay experience.
NFTs, or non-fungible tokens, are digital assets that are verified on a blockchain and have a unique identity that makes them non-fungible. These tokens have been used to create digital art, music, and even virtual real estate. In the context of online fantasy sports, NFTs are being used to create unique player cards that can be traded, bought and sold in various marketplaces. In India, IPL has become the new playground in India players using fantasy online nft,
In this context, the recent order of the Delhi High Court on NFTs rarely The Versus Stryker case has wider implications for the OFS as well as the Web3 sector. The court ruled that NFTs are a freely available technology and no one can claim exclusive rights over their use.
The Delhi High Court also ruled that use of celebrity names and images for purposes such as satire, parody, art and news is protected under Article 19(1)(a) of the Constitution and will not infringe the right of publicity . This decision has important implications for the use of player names and images by fantasy sports platforms.
The court’s decision is welcome, as it upholds the principles of innovation and free access to technology. It is essential to recognize that NFT is a technology that can be used for a variety of purposes, from creating unique digital art to enhancing the experience of playing online games. Stating that NFTs are freely available, the court made it clear that no one can claim exclusive ownership over the technology or its use.
The court’s decision recognizes the importance of free speech and artistic expression in a democratic society. It rightly notes that the use of names and images of celebrities for purposes such as satire and art is a protected form of expression under the Constitution. This means that fantasy sports platforms can use player names and images for commercial gain, as long as it is done within the boundaries of artistic expression and free speech.
The court also correctly noted that there is no difference between an OFS game with NFT-enabled player cards and an ordinary OFS game when it comes to the use of a player’s name, artwork or photograph. The use of these elements is fundamental to the game and its enjoyment by the players. The fact that NFTs are involved does not change this fundamental aspect of the game.
The Delhi High Court order is a positive development for the NFT industry and technology in general. It supports the principles of innovation and free access to technology, while also recognizing the value that NFTs can bring to various industries. As the use of NFTs continues to grow, it is important that courts and regulators continue to support their use in a way that benefits all stakeholders, from creators to consumers.
However, it is important to note that the ruling does not give carte blanche for the use of NFTs in the sports world. For example, it does not empower individuals to create NFTs that infringe the rights of athletes or any sports federations. Like any new technology, it would be imperative to create a comprehensive legal framework to protect the interests of all the stakeholders involved.
But until then, the High Court’s interim decision will serve as an important precedent, paving the way for greater adoption of NFTs among the public, and empowering artists and individuals to fully leverage the potential of this new technology. will allow. If properly encouraged and nurtured, it will open up new opportunities for all creators, far beyond the world of online fantasy sports.
By: Aarti Srivastava, Advocate