When Does a Blogger Violate Rights Agreements?

The NCAA and the Louisville Courier-Journal have set off a new round of a debate going on for some time -- who has the right to create live data from events. The NBA, NFL, MLB and PGA have all had swings at this, looks like the NCAA will now be up to bat. It's a mixed bag on legal results, and the opinions are all over the place. A great primer from the legal side can be found at Wendy Seltzer's blog.

Within all of this are two missed points. First, who "owns" the right to distribute the official statistics. Most of the debate has centered on this -- you're dealing with reporting of facts from a public location, etc. -- and looped this into the "third" rights agreement: video, audio and now data. Here is where a lot of the heat is generated because the reporters for newspapers (frankly, in an attempt to breath life into the static nature of the medium) are getting busted regularly for transmitting play-by-play. Very few people have issue with commentary on the event, but the attempt to circumvent the LiveTracker is the issue.

Frankly, one major sports network poaches StatCrew and other data streams with impunity for its aggregate live stat pages. Even has a whole division dedicated to stealing this information.

What I think is vastly more important is the creative work nature of the official stats. Many people -- Ms. Seltzer, notably in a personal sidebar -- don't recognize that live statistics streams aren't generic facts. They are the exact same thing as a television broadcast or a radio call -- the creative work of trained professionals and recorded in real time. That's the key definition given to why you can exclude other TV or radio stations from live coverage.

Before you pooh-pooh my argument, consider this -- only one person determines hit or error in baseball, the official scorer. Only one group of people can bestow the blocked shot, assist, steal or turnover in basketball, the official stat crew. Those are subjective items, and believe me, from listening to uneducated opinions of TV producers I can fully attest to this as fact (how can you say that wasn't a block? well, if you get the ball stripped below your waste, that's a steal -- regardless of how much the player flailed their arms in an attempt to draw a shooting foul).

Curious for feed back on that angle.