Over the past few months, the NCAA and EA have been slapped with a federal class action lawsuit and two individual lawsuits regarding the unlawful "use of National Collegiate Athletic Association (NCAA) student likenesses in videogames produced by Electronic Arts to increase sales and profits."
The primary game series in question is EA's NCAA Football, and with EA's NCAA Football 10 being released this week, its hardly surprising that CNBC's sports business reporter Darren Rovell has decided to chime in on the lawsuits. Rovell says the player likenesses found in the game are so uncanny that he believes EA and the NCAA will ultimately lose the lawsuit, and will be forced to not only compensate players whose likenesses have appeared in previous games, but also those that appear in this year's title.
Of course, the NCAA strictly prohibits college athletes from profiting off of their images and being compensated financially, beyond their scholarships and such, and yet, should the plaintiffs prevail, current college athletes (along with several former players) would be entitled to a certain percentage of the secured damages. So let me see if I have this straight: the current college athletes would be compensated for not having been compensated for the use of their likenesses, even though they aren't allowed to be compensated in the first place, because it's prohibited by the NCAA? Makes sense to me.
Now, EA continues to maintain that the lawsuits are baseless, yet it wouldn't be surprising at all if EA settled these suits out of court. Because if these cases end up in front of juries, anything could happen, and that could have some very serious consequences for EA and one of its most lucrative and beloved franchises, not to mention a potential overhauling of the NCAA's entire player compensation infrastructure. Like I said before, this is shaping up to be one of the most fascinating video game lawsuit stories to come along in a while. So definitely stay tuned.
Should college players whose likenesses appear in EA NCAA sports games be compensated? If so, should every player be entitled to the same amount? How would you determine such a thing, and wouldn't that just cause more problems?
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Designedcoma
What I think is that this is just a way to gain some exposer through media. The rule is the RULE!!! Plain and simple. I mean really, if they do win, who gets the money? NCAA holds it until they graduate (sure)? This has been a rule in colledge for a very long time. Why change it now? The school uses their likeness for all kinds of marketing. Posters, shirts, stickers, blah blag etc. Anything they can put their star athlete on they do it. So WHY is the SCHOOL not being hit up for some cash. Come on, look at they whole picture. If EA has to pay, the school has to pay.
deadevilmonkey
i think the players should be given the option of weather or not there image is used and if it is EA should donate a certain amount to a school charity, that way everyone has agreed on who's in the game and nothing is totally a "free" profit
djowalsen
The rest of the student body doesn't get full protection when the participate in school activities. Often, if you sign up for a multimedia project class, such as a game development class, you must forfeit all intellectual property rights to anything you make in that class, making it school property. So, if the school thought what you made was a cool idea and made it into an iPhone app, you don't get anything. It's a bit different situation, but I can see EA and NCAA winning this.
199ALLSTAR
It's quite unfortunate to see the NCAA sinking to another low. True the student's should not profit from their images, but the NCAA shouldn't be PIMPING out these unsuspecting kids for their own additional profit. College football makes the most money for these schools. Coaches travel all across the country to convince kids that this school or that school is best for them. Not just for the sport but for them to grow as young men. These kids go out there and play their HEARTS out, for that school, their teams, and team mates. While a MAJORITY of them never even come close to becoming professionals in that sport. Yet if that youngster breaks a leg or becomes too injured to play they lose their scholar ship, because they become undesirable. Cant PIMP out a broken down player. These kids give all to their schools and the NCAA still wants more, and gives nothing else in return. They use the images of the players, why not the coaches, the cheerleaders, the student body. As much as I hate EA I cant fault then for wanting to make a realistic game, and therefore using the student images. The fault lies with the NCAA. I do hope that they lose this lawsuit, maybe then lost revenue will pave the way for other suits. These players should be treated just like the rest of the student body, real people.
tsoul19
I think EA and the NCAA shouldn't pay the students. The students need to shut up and play by the rules set by the NCAA that says, that a student can not profit off his or hers likeness or image. Don't like the rule, then dont play, its not like the School is paying you to go to their school to play football, WAIT... they give players Full Ride Scholarships unlike other students that have to pay Thousands of dollars a semester to go to the school while you go for free! Shut up and stop crying!
These 2 QBs just got butt hurt when they didnt get drafted cause they weren't good enough for the NFL thats all. All the money they thought they could have made isn't there so now they want it handed to them. I say dont pay them, if you do, The Game will suffer forever!
tsoul19
I think EA and the NCAA shouldnt pay the students they knew the rules when they played sport in college. The rule set by the NCAA says that a student can not profit off his or hers likeness or image.
These 2 QBs just got butt hurt when they didnt get drafted cause they weren't good enough for the NFL thats all. I say dont pay them, if you do, The Game will suffer forever!
KravenDaHunta
I'm definitely no EA fan, but I didn't know they were scanning player's faces for their college games. Just because they use the player's jersey, jersey number and skin color constitutes player's likeness? If it wasn't for the #5 how in the world would I know that was Michael Crabtree and not Carter Todd?
(Sigh) Cant believe I'm defending EA... here goes: EA in the future just change the player's skin color from black to white and vice versus and the whole likeness issue goes out the window. Gamers can edit the players so if it matters to them, they can change the player back.
rbee90
all i care about is EA games...not EA sports...
TheJediRevan
LoLz...
IcemanMX
Unfortunately, when a college football player plays for an NCAA school/program, they must accept the rules of the NCAA as the ruling authority of which they play under. Part of those rules clearly states that those college players may not profit off of their own likeness.
This is a similar rule that most universities have for owning a students' invention/research if they use the school's resources to do it. Same thing with the profit of a players' likeness. The school (and subsequently the NCAA ruling body) "owns" the players likeness as long as they play for the NCAA school.
I know it does not seem fair to some people, but then again, no one is forcing these athletes to play at an NCAA school. So those that do, must abide by their rules.
-M
StuPrime
If the players can't profit off of their likenesses then no one should. I agree that under normal circumstances athletes in college shouldn't be able to use their likenesses for money, but this is a special case where the NCAA is being extremely hypocritical and just plane ripping the athletes off.
Even though it would make for a game that isn't as good, the only fair thing to do here is just not use their likenesses in the game.
snookgum123
Ea would be losing alot of money and not making a profit. I think they are going to just do a settlement. But that just mean the future NCAA games would ... But than again they might just when I mean there are thousands of players in the game for each team.. I can say that one of them look like me and I was never in the NCAA team... Does that mean I can join with the lawsuit too O.O
atx88
f they have to compensate pros they should have to compensate college players. If i wasn't getting compensated merely because I was a college athlete rather than a pro I would be very angry. And on a side note stick it to EA those money mongering bastards deserve every penny they lose.
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