Player Consent and Inclusion in T206

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Posted By: J Hull

Brian P., true but the citation for the law in the case text dates the law's codification to 1909. Additionally, Ball played for the New York Highlanders and Bulger wrote for the New York Evening World, so when he says "here" it had always struck me that he meant New York.

Jason, where the player lived or played wouldn't matter. The law addresses use of a likeness in commerce in New York, so it applied directly to all cards distributed in New York, no matter who was pictured, so long as they were alive. It would be my contention that because card/insert production was so standardized, the ATC wouldn't have one set of procedures and products for New York and another set for the rest of the country. There is of course also the issue that both ATC and ALC were headquartered in NYC and were thus bound to follow the laws of that state.