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...

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Papa MidnightWii U Games finding Solidarity with PC Gamers :(08/19/2014 - 6:09pm
Zenbuy all of the bad DLC before they even showed the main content everyone was waiting for. I paid for it, I wanted it, and I got tossed aside.08/19/2014 - 4:10pm
ZenIanC: Yep, both Call of Duty games did the same thing holding back all DLC and then releasing the day one map 2 YEARS later out of the blue. Why play what they won't support. Warner Bros canceled their DLC after promising it because Wii U owners didn't08/19/2014 - 4:09pm
Andrew EisenShe's the developer of Depression Quest. It's an interesting game (although I wouldn't call it fun) and you can check it out for free at depressionquest.com.08/19/2014 - 2:48pm
Sleakerwhat's all this Zoe quinn stuff all over and should I even bother looking it up?08/19/2014 - 2:37pm
IanCExactly Zen. The third one had random delays to the DLC and they just came out seemingly at random with no warning, and the 4th they didn't even bother.08/19/2014 - 2:31pm
ZenI may have bought both AC games on Wii U, but WHY would anyone be expected to get the game when they came out MONTHS before release that they were skipping DLC and ignoring the game? They poisoned the market on themselves then blamed Nintendo players.08/19/2014 - 1:27pm
Papa MidnightIn review, that's fair, Andrew. I just tend to take Gawker articles with a lot of salt, and skepticism.08/19/2014 - 12:07pm
Matthew WilsonFor one has a English speaking support team for devs. Devs have said any questions they have, were translated in to Japanese. then back in to English. 08/19/2014 - 11:41am
Adam802they need to realize the "wii-fad" era is pretty much over and start rebooting some old great franchises like they are doing with star fox08/19/2014 - 11:39am
Adam802unfortunatly, this seems to represent 3rd party's position on the wiiU in general. Nintendo has always sucessfully relied on 1st party but now since 3rd parties and console "power" are so important this gen, they're in trouble.08/19/2014 - 11:38am
IanCOkay, so what can Nintendo do to these 3rd parties? Huh? If a company release games late with missing content then of course it won't sell. Seems simple to me.08/19/2014 - 11:25am
Andrew EisenSakurai and Co. REALLY need to go back in there and re-pose Samus. She is so incredibly broken.08/19/2014 - 11:06am
ZippyDSMleeUntill Nin starts paying out the azz or doing much much more to help 3rd party games development, the WIIU is dead in the water.....08/19/2014 - 11:03am
ZippyDSMleehttps://www.facebook.com/permalink.php?story_fbid=316135481893472&id=22417313775637408/19/2014 - 11:02am
ZippyDSMlee*gets out the popcorn* this will be fun08/19/2014 - 11:01am
Andrew EisenIt's not as simple as "Nintendo gamers don't buy AC games."08/19/2014 - 11:01am
Andrew EisenACIII was late, missing DLC (so was IV) and was on a brand new platform that had never had the series competing against two platforms that had an install base of 80 million a piece who had all the previous games.08/19/2014 - 11:01am
Andrew EisenI'd say TechDirt is being a bit unfair towards Kotaku's article to the point of slightly mischaracterizing it. It's not really bad but, while a little muddled, neither is the Kotaku article.08/19/2014 - 10:59am
 

Be Heard - Contact Your Politician