AI Meets the Game: How Technology is Revolutionizing Sports and Challenging the Law

Zuha Hameed

In February 2024, over 200 million people tuned into the Super Bowl, setting a record for the NFL’s highest unduplicated audience.[1] Part of this success may be credited to Nickelodeon’s use of AI-powered augmented reality, bringing characters like SpongeBob SquarePants to life—a concept introduced by the NFL in 2021.[2] As technology transforms sports, from streaming innovations to player development, one question looms: can the law keep pace?

Sports organizations are increasingly integrating AI into teams, athletic products, and fan experiences. In Major League Baseball, the Astros lead in using AI and data analytics for player development and game strategy, employing algorithms to analyze performance, predict outcomes, and guide training.[3] Similarly, soccer teams like Chelsea and the New York Red Bulls leverage AI SCOUT, a platform that uses biomechanics and statistical data to identify promising players earlier and more accurately.[4] The NBA also employs AI to assess player weaknesses, partnering with Second Spectrum for 3D location monitoring to enhance team performance, further underscoring AI’s pivotal role in scouting and developing talent.[5]

AI is also transforming individual player development. “Smart rings” used by NBA teams and athletes like LeBron James and Michael Phelps, have gained approval across leagues such as the PGA Tour and Major League Baseball.[6] Similarly, innovative “AI-infused running shoes” can adjust their cushioning based on an athlete’s fatigue, monitored through movement and heart rate, showcasing how AI is tailoring technology to individual needs and pushing the boundaries of athletic performance.[7]

AI is reshaping sports, but its growing role raises complex legal challenges, particularly in copyright, privacy, and bias. AI-generated content like promotional materials, highlights, or commentary could infringe on copyrights if trained on proprietary footage or commentary. This concern echoes the 2000 case National Football, et al. v. TvRadioNow Corp., where the NFL, NBA, and Disney successfully sued over the unauthorized streaming of television signals, which the court as deemed copyright infringement.[8] As AI-driven technologies like automated highlights and game summaries expand, intellectual property concerns will demand closer scrutiny.

AI also impacts data privacy, especially in player development. While no formal case has emerged in sports, related fields suggest a need for proactive measures. For example, the National Basketball Players Association (“NBPA”), has begun negotiating ownership rights over biometric data collected through AI-powered wearables like Catapult.[9] Such discussions highlight the growing importance of protecting players’ personal data.

Additionally, AI-driven scouting and recruiting tools must be carefully monitored for fairness and legality. In 2019, the Electronic Privacy Information Center (“EPIC”) filed an FTC complaint against HireVue for using facial recognition to evaluate job applicants based on appearance, raising concerns about transparency and bias.[10] Although HireVue removed this feature, the incident underscores the risks of bias in AI tools, which could similarly affect sports recruiting practices.

While the sports industry has yet to face significant legal or ethical backlash for its use of AI, organizations must proactively address risks seen in other sectors. Clear regulations and ethical guidelines are essential, balancing the interests of sports institutions with broader societal impacts. Rather than categorical bans, proportionate restrictions on commercial applications, coupled with broad permissions for public-interest uses, should be considered. Policies should include transparent sourcing, watermarking of AI-generated content, and securing permissions for real-world entities depicted in AI applications.[11] Expanding the concept of “fair use” is critical to clarify what AI can legally reproduce, particularly from sports events.

Federal legislation is also needed to govern the use of biometrics and AI in sports, similar to Illinois' Biometric Information Privacy Act (“BIPA”), which applies exclusively within the state.[12] Sports organizations should implement accessible privacy policies outlining data collection, usage, and sharing practices, while ensuring athletes retain control over their biometric data. At the same time, statistics valuable to the public should remain accessible.[13] Consent must be secured regarding data ownership and usage, especially as it relates to the public domain.

Finally, AI-driven scouting and recruiting tools require oversight to mitigate bias and ensure fairness. Strategies like human-in-the-loop oversight, accuracy benchmarking, and model retraining can address AI’s imperfections.[14] Proactively mitigating bias through diverse training datasets, fairness testing, and human review is essential to maintaining integrity in recruitment and analytics processes.[15] By adopting these measures, the sports industry can harness AI’s potential responsibly while minimizing risks.

AI’s integration into sports is undeniably innovative, but its potential legal and ethical implications cannot be overlooked. With sports organizations and athletes more influential now than ever, the absence of significant legal challenges in this area leaves uncertainty about how technology will evolve and shape the industry. If left unregulated, AI’s rapid advancement could set a dangerous precedent, raising risks that demand proactive oversight.

[1] Updates Page, NFL Football Operations (Feb. 13, 2024), https://operations.nfl.com/updates/the-game/super-bowl-lviii-is-most-watched-telecast-in-history/#:~:text=Record%2DSetting%20Viewership&text=More%20than%20200%20million%20viewers,Super%20Bowl%20(183.6%20million).

[2] Shirin Malkani and John Delaney, AI at Super Bowl Raises Contract, Copyright Issues for Pro Sports, Bloomberg Law (Feb. 9, 2024, 4:30 AM), https://news.bloomberglaw.com/us-law-week/ai-at-super-bowl-raises-contract-copyright-issues-for-pro-sports.

[3] Irving Wladawsky-Berger, The Houston Astros and the Transformative Power of Analytics, The Wall Street Journal (July 20, 2018, 11:55 am), https://www.wsj.com/articles/the-houston-astros-a-case-study-of-the-transformative-power-of-analytics-1532102127.

[4] David Elkins & Lauryn B. Durham, How Artificial Intelligence is Changing the Game of Professional Sports, 14 Nat. L. Rev. 1,1 (2023).

[5] Joe Lemire, NBA Bringing in Hawk-Eye for Tracking Data in 2023-24, Sports Business Journal (Mar. 9, 2023), https://www.sportsbusinessjournal.com/Daily/Issues/2023/03/09/Technology/nba-hawkeye-player-ball-tracking-data.aspx.

[6] Elle Todd, Casey H. Yang & Sam Hill, AI in the Entertainment and Media Sector Part 2, Reed Smith (Feb. 5, 2024), https://www.reedsmith.com/en/perspectives/ai-in-entertainment-and-media/2024/02/sports.

[7] Peter Paranzo, How Artificial Intelligence is Transforming the Sports Industry?, Imaginovation (May 1, 2024), https://imaginovation.net/blog/ai-in-sports-industry/.

[8] National Football, et al v. TVRadioNow Corp., No. 2:00-CV-00120, W.D. Pa. (2024), Westlaw.

[9] Collin Helwig, NBA, NBPA Use Wearables to Study Player Health & Wellness, Athletech News (May 14, 2024), https://athletechnews.com/nba-nbpa-use-wearables-to-study-player-health-wellness/.

[10] Elec. Privacy Info. Ctr. (EPIC), Complaint and Request for Investigation, Injunction, and Other Relief, In re HireVue, Inc., FTC (submitted 2019).

[11] The Legality of AI-Generated Sports Analytics, ScoreDetect (Feb. 14, 2024), https://www.scoredetect.com/blog/posts/the-legality-of-ai-generated-sports-analytics.

[12] 740 Ill. Comp. Stat. 14/1–14/99 (West 2008).

[13] See C.B.C. Distrib. & Mktg., Inc. v. Major League Baseball Advanced Media, L.P., 505 F.3d 818 (8th Cir. 2007).

[14] See The Legality of AI-Generated Sports Analytic, supra note 11.

[15] Id.