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Experts say the sportsbook may have crossed a line if Harper never granted commercial rights for the video.
One MLB star says he had no idea his heartfelt holiday message, purchased through Cameo without his knowledge of its true purpose, would end up as part of a sportsbook’s VIP outreach strategy.
Bryce Harper recorded a personalized video message through Cameo in November, allegedly unaware it would later be used as part of FanDuel’s VIP bettor program.
In the video, the Philadelphia Phillies first baseman tells fan Terry Thompson that his FanDuel VIP host “wanted to make sure your Thanksgiving was extra special. So I just wanted to hop on here and wish you and your family a wonderful Thanksgiving.”
Aside from that one mention of a FanDuel VIP host, Harper doesn’t reference betting anywhere in the 21-second video, which features the FanDuel logo at the bottom of the screen.
Last week, Harper addressed the situation directly on his Instagram story. “I did not know FanDuel would do this, I did not consent to it, and FanDuel had no right to do it,” he wrote. “Had I known FanDuel’s true intent, I would not have made the video.”
He went on to explain that he’d received the original video request through Cameo from someone identified as Bryttanni. In a screenshot he shared, the request came with a short script: “Hey Terry, Your host Bryttanni (Britt-knee) from FanDuel wanted to make sure your Thanksgiving was extra special, so I just wanted to hop on and wish you and your family a wonderful Thanksgiving. Tell Max (son) I said hello!”
Harper said the video in question was purchased as a personal video, not a business video, which costs more and comes with commercial use rights.
Paul Menes, an AV-rated entertainment and digital media transactional lawyer, told Inc. that whether Harper’s rights were violated largely comes down to whether he had a contract with FanDuel covering the video. Without one, he said, Harper’s name, image, and likeness rights, along with his right of publicity, were likely violated.
However, if a contract does exist, it would hinge on what it says about video ownership and how it defines “commercial rights.” Additionally, if the contract doesn’t define that term at all, Menes said that would likely still amount to a violation of Harper’s rights.
“Without proper consent from Bryce, if FanDuel didn’t have these rights from Bryce to exploit, Bryce would have legal causes of action against FanDuel and Cameo for violations of these rights,” he said.
Thompson and another plaintiff are now suing several sportsbooks, including FanDuel, claiming they use their products and VIP services to intentionally push bettors into gambling more.
In the lawsuit, he alleges that as he racked up more than $1.5 million in gambling debt, his FanDuel VIP manager, Bryttanni Morgan who also provided him with the Harper video, kept him engaged with perks like free tickets and hotel accommodations for the Super Bowl, along with micro-bets designed to keep him playing.
Personalized video messages like this are a common VIP perk across sportsbooks, from FanDuel to DraftKings to BetMGM, with some programs even offering phone or video calls from famous athletes, according to multiple gambling industry sources.
Yet, VIP programs run by online sportsbooks haven’t faced the same level of scrutiny as advertising or other more visible parts of the business. Legislators and regulators have largely focused on establishing legalized sports betting in their states, with VIP programs receiving comparatively little attention so far.
Adam Bjorn, the CEO of Plannatech—which operates Prime Sportsbook and Betcris in the U.S—explained that this incident is exactly the kind of gap that lack of oversight can create. “This highlights one of the biggest mistakes the U.S. market has made around VIP programs,” he said. “There are simply lines you don’t cross, and using an athlete’s personal Cameo video for marketing or VIP outreach without their knowledge or a formal endorsement is one of them.”
He also pointed out that these kinds of missteps can carry consequences far beyond a single incident. “Even where leagues, such as MLB, permit certain relationships between players and sportsbooks under defined rules, those arrangements rely on transparency and consent. Circumventing that principle undermines trust and creates unnecessary reputational and legal risk.”
As sportsbooks continue expanding these VIP perks, incidents like this are likely to keep raising questions about how these programs are run.
Bryce Harper did not immediately respond to request for comment.
This post originally appeared at inc.com.
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