I'm writing a sports management simulation game. Like most sport management games, it makes heavy use of statistics. I would like to use real players, teams and league names.
i) Am I running the risk of getting into legal battles if I should use the real names?
ii) Also what about team colours and emblems etc?
Update Much thanks for all the input!
Neither one is legally acceptable. In short: a person's name and likeness is their own property and they have a right to decide how it's used, and the same goes for a sport team's emblem (but under separate laws).
The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity.
Citizen Media Law Project, an American site, confirms that violation of a person's right of publicity would lead to tremendous legal trouble:
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose.
[A few sentences later...] There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of name or likeness ("misappropriation"); and (2) violation of the right of publicity. (The "right of publicity" is the right of a person to control and make money from the commercial use of his or her identity.)
Emphasis added. There are some exceptional circumstances (which you are almost certainly not covered by) and if you want to go into those I recommend you research the topic further yourself, or consult an actual lawyer.
Sports emblems are a trademark of the sporting body and the emblem is their intellectual property, covered by copyright. For instance, the Blazers logo usage page expresses their position on the matter (emphasis added):
We get many requests from Trail Blazers fans for permission to use or reprint the official Trail Blazers logos or other images for their own projects.
While we certainly appreciate the enthusiasm, Trail Blazers images and logos are protected under trademark and copyright laws and unauthorized use is not permitted.
Blazers.com content, including text, photos, graphics, audio and video material can not be published, broadcast, rewritten for broadcast or publication, used or redistributed in any medium without the express written permission of the NBA and the Trail Blazers organization.
The best course of action might be using all-fake, and allow your users to use "customisation packs" which of course you won't provide until you know they are legal (i.e. until your lawyer tells you you can).
