Litigation Support Expert Comments on NCAA Video Game Lawsuits

August 3, 2009 -

As GamePolitics has reported, former college athletes have filed a trio of lawsuits this year alleging that the NCAA and video game publisher Electronic Arts profited from the unlicensed use of their images in video games based on college football and basketball.

If successful, the suits have the potential to change the way the sports licensing game is played. What are the chances that will happen?

IGN has posted an interview with litigation support/public relations expert Jason Maloni, whose firm represents Roger Clemens, among others. Maloni comments on the implications of the lawsuits for the NCAA and EA:

Technology is a huge part of it. When I was growing up playing Space Invaders, you couldn't be one of the characters in the game. But with sports games, it's become such a huge phenomenon to assume the identity of your favorite athlete, and it only increases the bond people have with both the game and the team. That's why the pro and collegiate ranks love this type of branding...

 

I expect the impact for EA Sports will be minimal. The company is still going to produce games and derive a profit. The NCAA and large institutions stand to lose a small part of their current revenue... however, they are making [money] hand over fist. I don't think compensating these athletes in some way at the end of the day going to put a crimp in their budgets. College sports are a big business and it will remain a big business...

Like a lot of laws, it takes someone to stand up and say this isn't right. You might also be seeing a growing sympathy for former athletes. Not everyone goes on to the pros or gets mega contracts. I think student athletes are seeing what former pro athletes have done recently seeking restitution against the NFL for the use of their images.

By "pro athletes," Maloni is referring to the recent $26.25 million settlement that a group of retired NFL players reached with the former union over the unlicensed use of their images in EA's best-selling Madden franchise.


Comments

Re: Litigation Support Expert Comments on NCAA Video Game ...

Seems to me like a bunch of spoiled rich folks on both sides of this issue squabbling about money.  Why isn't it a reality TV show already?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering? men of a certain age season 1 episode 3 | scrubs season 9 episode 5
Garry Wertu

Re: Litigation Support Expert Comments on NCAA Video Game ...

Because the one side doesn't exist of just spoiled rich folks. See, this is the problem, people don't realize what this issue is about and just assume everyone who does a lawsuit for a lot of money is wrong and should shut up.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I'm not saying they're spoiled rich folk. I'm saying that they gave up their right to compensation when they signed as an amateur to go to the college and play football. The students CAN'T profit from the sales of the game or they would not be amateurs anymore. It's the SCHOOLS and the National Collegiate Athletic ASSOCATION who are involved in the contract with EA. The schools make the money. The athletes benefit through exposure, not cold hard cash.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I don't see why they should get compensation. They get scholarships. They are available for the draft. By playing for the NCAA, they stand to make significant salaries, not just if they go pro, but there are other sports and sportscasting jobs available to them because of the extra visibility they get as players.

Do all of the students get a check when a game is televised? Of course not. And yet it's their likenesses and their performances that are selling ALL of that commercial time.

They are amateurs who signed an agreement with an organization. That organization has every right to market itself, and the students basically agreed to that when they agreed to play.

When someone plays college football, they aren't fighting for their own success as much as they are the success of their ol' alma mater. If their team as a whole, and their likenesses as individuals contribute to the financial success of the NCAA and their own individual college... it's total bullshit to say "Yeah, but what's in it for me?" How about a free university education, ya schmucks?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering?

Re: Litigation Support Expert Comments on NCAA Video Game ...

The ones on the games tend to.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

And still I do not understand why they can't equally diviy out a % of what a title makes to the players, and set aside money to the student players until they get out of collage.... sirously.....someone needs to take the leagues to court because they are raping the players, oh and FYI not all players make millions a year.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

How are they going to compensate NCAA players anyway? 

Re: Litigation Support Expert Comments on NCAA Video Game ...

Is it really going to be that much to EA? The end result will be a pay out and them attempting to be more careful with real athletes in their games in future.

Didn't I read that each Madden and FIFA makes a ridiculous amount of money (Hundreds of millions?)? That no doubt explains why it's not hard to resist pumping out constant sequels...

 
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ZippyDSMleeEh still rather subjective… the haters would be better off going after teen and beauty rags and magazines than fiction, fiction follows reality and going after fiction tends to turn into a bullying fest’s… plus its fiction its unrealistic to start with….02/27/2015 - 1:10am
MechaTama31That's a pretty difficult anatomy to break.02/26/2015 - 11:09pm
MechaTama31"the way her animations repeatedly break her anatomy" <-- I'm sorry, but we are talking here about the woman who can roll up into a little ball and live to tell the tale, yes? ;)02/26/2015 - 11:09pm
Andrew EisenAs far as examples that could be culled from female game characters though, that one's pretty mild.02/26/2015 - 9:11pm
Andrew EisenNot as much the heels or the suit in and of themselves but certainly the way her animations repeatedly break her anatomy to show off her lady bits.02/26/2015 - 9:10pm
E. Zachary KnightWell, Samus's heels are certainly impracticable, but I wouldn't really call her Zero suit objectified. I don't really feel that the new Lara Croft is objectified either, but that is my subjective opinion.02/26/2015 - 9:08pm
Andrew EisenTomb Raider: No but we haven't seen much of anything yet. Samus: Yes.02/26/2015 - 9:07pm
ZippyDSMleeWould you call the new tomb raider objectified? WOuld Samus Aran from the new Smash bros be objectified?02/26/2015 - 9:02pm
WonderkarpI'm hoping they put the rest of the comic book ghostbusters in there. Ortiz and Rookie(From GB the game)02/26/2015 - 8:38pm
Wonderkarpghostbusters board game is doing great. getting close too a 3rd extra playable Character. Ron Alexander.02/26/2015 - 8:37pm
Andrew EisenSmurfette is not subjective. If there's more than one female character, it's not Smurfette. Anyway, as with everything on the list, Smurfette is, in and of itself, not necessarily a bad thing.02/26/2015 - 8:32pm
Andrew EisenI think there's 5 women (out of 15, I think) but other than one being a bit more "hippy" than the others, they pretty much all have the same body type. Especially when compaired to the huge variety of male body types.02/26/2015 - 8:31pm
Wonderkarpso I dont see Smurfette as a bad thing. Unless like all your female characters are Smurfette. remember the Smurfs also had Sassette02/26/2015 - 8:29pm
E. Zachary KnightOne good example of the larger issues is one Anita used in the presentation, Blizzard's Overwatch game. There are a dozen men in the game with a dozen body types. But there are only 4 women with 2 body types, but 3 of them have the same one.02/26/2015 - 8:28pm
Wonderkarpthe smurfette thing is subjective to how many female characters you have. Take Sonic for example. You have Amy, who is obvious smurfette, but there's several other female characters now without that. Including the original animated seriescomics with Sally02/26/2015 - 8:28pm
E. Zachary KnightAE. Very true. I think that is where I was going, but it didn't come out right. Jack Harkness is sexy but not objectified. Whereas, a women would have to be objectified in order to be "sexy" in most games.02/26/2015 - 8:26pm
E. Zachary KnightAnd as Andrew pointed out, there is a big difference between a sexualized man, and an idealized man. But for some reason, there is no distinction between women in games. For the most part.02/26/2015 - 8:25pm
Andrew EisenI think one of the issues we run into repeatedly with these conversations is the confusion over "sexy" and "sexually objectified."02/26/2015 - 8:24pm
E. Zachary KnightYet, for some reason, in orde rto have a sexualized women, she must be wearing lingerie or a bikini. Can't women be sexual and still dress for the job at hand?02/26/2015 - 8:24pm
E. Zachary KnightThe problem I have with complaints of "sexualized men" is that men don't have to wear speedos to be sexualized. Captain Jack Harkness from Torchwood/Doctor Who, was one sexy man, but he spent 99% of his time in a WW2 soldier's trenchcoat.02/26/2015 - 8:23pm
 

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