Recently, Korean professional baseball players won lawsuits to prevent use and recoup damages against mobile telephone game manufacturers which develope and sell baseball games that use player names and playing records. Disputes between makers of simulation or fantasy games using sports player names and playing records and players or players associations have a long history in the U.S. It would not be an overstatement to say that U.S. sports industry grew in conjunction with courts rulings. U.S. courts generally protected players rights under the right of publicity because the right of privacy was not available in these cases. However, recent U.S. court decisions ruled that freedom of expression is more important than the right of publicity. Considering that U.S. courts, which have been more aggressive in protecting the right of publicity than Korean courts, are restricting the right of publicity in the expressive materials using player names and playing records, the recent Korean court s decision seems too willing to recognize the right of publicity in comparison to the level of sports industry in Korea. If propertization of products arising from process and results centering around sports games and players is a key issue in sports law, finding optimal equilibrium between the right of publicity and freedom of expression would be the most important task in sports law. This paper reviews U.S. and Korean court cases and recommends standards and methodologies of balancing test to balance these two legal interests.