Sam Keller: A Threat to EA Sports, the NCAA....and Hollywood? - RaychelSnr's Blog

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RaychelSnr's Blog

Sam Keller: A Threat to EA Sports, the NCAA....and Hollywood? Stuck

Posted on February 14, 2011 at 01:56 PM.

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The Associated Press posted a story this weekend which talks about the Sam Keller vs. The World case which is set to go in front of the 9th Circuit of Appeals Court in Pasadena tomorrow.

That's right, it's yet another D-Day for the case which could go all the way to the Supreme Court -- so don't get your hopes up for any final resolution until we get nine votes in Washington DC on the matter.

However, it's interesting how much interest this case is now getting -- it's starting to really get some powerful lobbies on each side of the fence, which is another indication this one is probably going all the way up to the top. Here's what the AP says about Hollywood's interest in the case:

Quote:


	"EA and the NCAA appealed and are joined by the Hollywood studios, media companies and other organizations such as the Comic Book Defense Fund who fear that Wilken's ruling, if allowed to stand, will severely stifle artistic expression. EA's lawyers, for instance, predict the demise of movies such as "Forest Gump" that rely heavily on the free use of celebrity images to further a narrative. "Documentarians, biographers, filmmakers, novelists, photographers, songwriters, and many others do exactly what the district court said is not protected: they create expressive works that realistically depict individuals and/or refer to them by their actual names," EA's lawyers wrote in their appeal. Allowing the players' lawsuit to go forward will threaten future movie productions, Motion Picture Association of America wrote in support of EA."

Although you could definitely make the argument this would be possible, it would definitely have to be up to another case to really decide the fate of films. However, this case does have far reaching implications for College Athletics. At stake is the question of amateur status of these athletes, the NCAA's claims as such, and whether you can profit off of a likeness of someone without them getting a cut.

As has been the case, predicting a winner in this is difficult at best -- but we do know we'll know where the case is going next in the very near future.

And for now, that's all we really will need to know. What do you think of the Hollywood connection in this case? And let's hear your predictions for tomorrow!

Comments

# 1 D-Hiatus @ Feb 14

Uh Oh! I knew this case wasn't resolved just yet. Sam Keller's going for the gusto by taking it to Supreme Court....I guess only time will tell concerning this subject... good read bruh

# 2 brettford @ Feb 14

I'm no lawyer...but I'm not really sure why "it would definitely have to be up to another case to really decide the fate of films", as you say. The reason this case might go to SCOTUS is because it is less about college football and video games and more about the bounds of free speech. That's why there are so many interested parties involved in this case...because the precedent it sets is likely to be far reaching. It's not as if SCOTUS will take this case and then take another one about books, and then another one about movies, etc.

# 3 RaychelSnr @ Feb 14

If you read the article you see no one's exactly sure how the ruling would be worded in the case of movies and whatnot. In the event it's vague towards that sort of stuff, I'm sure you'd have to have another case to really decide the fate of Hollywood -- even though some form of precedent would have been established. But you can make a compelling argument we are talking about two different types of speech here -- so I doubt this case ends up as a catch all. Hollywood just doesn't want to take the risk of having to find out how far reaching this ruling could be I imagine.

# 4 ebugaloo @ Feb 14

Damn. Dude must have been pissed about his player ratings...

# 5 brettford @ Feb 14

Well, I agree that no one's exactly sure how the ruling would be worded...and it's for precisely that reason as to why I'm hesitant to say that it would "definitely have to be up to another case to decide the fate of films".

# 6 brettford @ Feb 14

Again, I'm no legal scholar here...just speculating. But based on my understanding of the Supreme Court, 1) a lot of thought goes into the cases that they choose to hear, 2) they aren't likely to issue an opinion that leaves a very obvious aspect of the case untouched....only to have to rule on that issue later on.

Maybe I am mistaken with 2).

But the point I am making is that if they choose to take the case, the justices know full well the far reaching implications involved, and they are unlikely to leave them unaddressed.

Of course, the 9th circuit hasn't even ruled yet...so this is just conjecture.

# 7 RaychelSnr @ Feb 14

Brett -- for point #2, there are numerous instances of that happening throughout legal history -- Plessy vs. Ferguson being the most notable one taught about in history classes.

# 8 brettford @ Feb 14

MMChrisS -- Plessy v. Ferguson was overturned by a later court...so I'm pretty sure that it's not analogous. I'm not making the point that Supreme Court decisions are never revisited.

The point I am trying to make is that this case is not about video games. It is about the limits to which you can use someone's likeness without agreement/compensation in a form of creative expression. I have no idea what the Supreme Court would say in this case. But I doubt that whatever decision they hand down will only apply to "video games".

Said another way, I would bet that if they take this case it is because of the far reaching impact (books, movies, other forms of creative expression) the decision is likely to have. They aren't going to issue a ruling that leaves 95% of the entertainment industry completely clueless.

Just my hunch...could be wrong...

# 9 brettford @ Feb 14

The simplest way of making my point is that I don't think we are going to see a SCOTUS decision on video games...a separate decision on books...a separate decision on movies...etc. I don't think thats how the court works...

# 10 aimiami @ Feb 14

so why is he doing this?

# 11 acreyman @ Feb 15

LOL! The 9th Circuit is a JOKE to the Supreme Court right now....I would not worry. Look at all the cases the Sepreme Court basicly laughed at that was sent their way from the 9th.

# 12 Eski33 @ Feb 15

People need to understand that Sam Keller is just the face of the lawsuit. This was actually drummed up by a lawyer who sought out former players and Sam Keller just happened to be the guy who stepped up. It isn't just Sam Keller who is involved as this is a class action suit. He is representing a number of other former college players...

# 13 oneamongthefence @ Feb 15

So technically cbs and fox could have to pay to use their names during live games? Maybe have a college players association like the nfl hs and if they don't want to join then their name and likeness won't be used on any products without prior approval. It is unfair that others make money off them but is it fair to give people who buy ncaa an imcomplete or even more unaccurate game?