Does an athlete have a right to compensation for his image? I am not talking about the public perception of a sports icon. We all know about the tarnished images of Tiger Woods (LINK) and Bret Farve. (LINK). Rather, we are talking about cartoon images of athletes that appear in today's video games. Should the former athlete be compensated for use of his cartoon image?
What was allegedly taken from these former athletes? Former basketball great Oscar Robertson, along with two other former college athletes, is suing the National Collegiate Athletic Association and Electronic Arts Inc (maker of sports video games) for the unauthorized use of their images.
What is the specifics of their claim? The former college athletes claim that the NCAA prohibited them from receiving compensation during their college career. They claim the NCAA continued the prohibition even after their college career ended. In legal terminology, the plaintiff's allege that the defendant NCAA violated antitrust laws. The suit is pending in U.S. District Court for the Northern District of California. All together, at least 25 former college athletes are suing the NCAA seeking compensation for the use of their images following their university careers.
For the younger generation: Just who is Oscar Robertson? The "Big O"
was a top NBA draft pick in 1960 after playing for the University of Cincinnati. He played 14 years in the National Basketball Association with the Cincinnati Royals and Milwaukee Bucks. He earned all-star recognition twelve times and was inducted into the Hall of Fame in 1980.
was a top NBA draft pick in 1960 after playing for the University of Cincinnati. He played 14 years in the National Basketball Association with the Cincinnati Royals and Milwaukee Bucks. He earned all-star recognition twelve times and was inducted into the Hall of Fame in 1980.
Who are some of the other litigants? Plaintiff, Tate George, played for the University of Connecticut. In the NCAA playoffs in 1990, George caught a 90 foot pass and shot it in for the game winner against Clemson. (This is recognized as one of the top 5 shots in NCAA history.) McDonald's Corp. allegedly used the video of the shot in a recent advertisement without compensating Tate George. and Ray Ellis, played football for Ohio State University.
What is the NCAA position? The NCAA website, said it “opposes student- athlete exploitation. In many cases, the exploitation is subtle and indirect so that a student-athlete may well have no knowledge or awareness that his or her reputation, image or name is being used for these commercial purposes. Combating this type of exploitation remains a challenge.”
What is the NCAA position? The NCAA website, said it “opposes student- athlete exploitation. In many cases, the exploitation is subtle and indirect so that a student-athlete may well have no knowledge or awareness that his or her reputation, image or name is being used for these commercial purposes. Combating this type of exploitation remains a challenge.”
What is the caption of the case? Oscar P. Robertson, et al v. National Collegiate Athletic Association, et al, 3:11-cv-00388, U.S. District Court, Northern District of California.
Where can I find my information? Legal pub introduced this topic in March of 2010 in an update within the article on bullying. LINK. It was our position then, and still is, that exploitation of student athletes is wrong. However, in this modern time where athletes feel that they are entitled to special treatment, they make less then sympathetic victims. In the end, it must be decided if this was a wrongful taking of the former players property (their image) and if so, what was the value of that image. Unfortunately for the former players, even if they win on the first issue, one must question the value of an athlete's image given the Bret Farve and Tiger Woods of the sports world.
(Please note the image above is a hypothetical player and not any specific current or former athlete. Any similarity in appearance is purely coincidental.)
Update 2-3-11: EAS Sports, maker of sports video games, stock has shown significant appreciation in value. Obviously, the company is doing well and the threat of litigation with former athletes is not a major concern to stockholders. Athletes are often their own worst enemy because of a lack of judgement outside of the athletic arena. But at least they do not typically assassinate their character as much as the failed assassins outlined by the folks at ONLINE DEGREE.
Update 2-4-11: While the college athletes allege that using their image without compensation is "stealing," here is an article on some notorious college criminals. College Crooks.
Update 10-6-11: Bill Russell is also suing for compensation for use of his image. LINK.
Dumb jocks! Aren't they rich enough as it is?
ReplyDeleteUsed to be athletes were pleased when someone recognized them or did something to glorify them. Now it seems like it is all about money.
ReplyDeleteSorry. I agree with the lawsuit. If your likeness / image is used FOR PROFIT, you should receive a portion of the profit or some compensation.
ReplyDeleteYes, the NCAA has a duty to protect itself and it's players and compensation restrictions seem reasonable to protect the validity of the game. However, to continue those restrictions after a player's college career has ended is over reaching.
Dear Sorry: Sure, why not let these athletes roll in the dough. They are SO underpaid. The effect will just be to raise the cost of the video games. Little kids need to fork over more of their cash for these games any way. Kids now days are way too rich and athletes way too poor!
ReplyDeleteI vote greed!
ReplyDeleteI'm stuck on half court with this one.
ReplyDeleteOf course collegiate players shouldn't be compensated beyond scholarships in order to protect the integrity of the game.
On the other hand no way should a corporation be able to use anyone's likeness to earn profits without compensation.
I guess I'm confused...does this suit allege the NCAA is being compensated for using their former player's likeness? Or is the beef just with the NCAA rule against compensation during and after their college career?
My call: Corporations make contributions to a colliegiant scholarship fund whenever using a player's likeness to earn profits. Hopefully these players are still reaping the benefits gained from attending college on the freeby.
Katfish, us athletes don't want corporations to line the pocket of the universities or scholarship funds. We want the cash so we can roll like others who are allowed to cash in on their fame. You get it?
ReplyDeleteIts bout mo Money. It's our face so give us r place. Give us some bling bling or change your game thing.
ReplyDeleteHa Ha! You are some greedy suckas.
ReplyDeleteMaybe you should skip the free education and the rules that come with it and head straight for the pros if all you want is the bling bling. That or find some other claim to fame game.
Katfish"
ReplyDeleteC you cats don't get it. If u a great basketball playa u can't go to the show (NBA) for 1 year after graduatin. If u play football, can't go pro til 3 years after hi school. So it ain't as easy as u think , lady.
What the playa above said!
ReplyDeleteYa'll be jus makin this harder than it should be. If ya don like da NCAA rules don't play college games, just head straight for da pros.....just 1-3 years wait after hi school stead of da 4 or 5 that college takes and dem NCAA have no claim to ya $$$$ If ya dat hot u don neede no higher educating just go straight for da show and get the dough.
ReplyDeleteWanna lay down a bet how the court rules?
But no teem know who u is if u don't play collage ball for least 2 years. So they got a monoply on da mony train. It jus aint fair. So give us our dues. Dat's all any of us r askin.
ReplyDeleteVery interesting discussion here but what I think this has to be compared to is the same as the music and movie industry. There is sooo much money to be made here that one is entitled to a piece of the action especially if ones name is used related to their talent.
ReplyDeleteWould you expect your favorite musicians to not receive a percentage of the royalties of their recordings, or your favorite movie stars to not receive a percentage of their film work?? Of coarse not because it is their names that you buy or come to see, the corporation that makes the movie or record becomes invaluable, that is WHY they use recognizable names.
The John Madden video game was a big hit because of his name, not because it was the best…the name does matter.
Video Dude, xactly what i say. if u use my face, pay me in your place.
ReplyDeleteMy image in games is my property. Pay or don't play. That I do believe is tru. And dat goes for all no matter who.
EA Sports stock is way up because of sales! Guess maybe the players should be entitled to a little something...
ReplyDeleteNEw meaning to "character assassination?
ReplyDeleteNEw meaning to "character assassination?
ReplyDeleteBill Russell is also suing for compensation for use of his image.
ReplyDeletehttp://content.usatoday.com/communities/gameon/post/2011/10/bill-russell-suing-ncaa-and-game-company/1
It is all about the bling bling!
ReplyDeleteWe be needed our cash.
ReplyDeleteAthletes need this cash to pay for their lawyers as so many get in criminal trouble.
ReplyDeleteJust saw some shocking statistics of the number of professional athletes that are bankrupt within five years of retirement!
ReplyDeleteNorthwestern football players trying to form a union... somebody's reading Legal Pub
ReplyDeleteNorthwestern football players trying to form a union... somebody's reading Legal Pub
ReplyDelete