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Ex-Rutgers QB Suing EA

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Old 07-01-2009, 09:55 PM   #41
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Re: Ex-Rutgers QB Suing EA

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Originally Posted by peteykirch
But he has a case if EA never got the okay from the University for those pictures, I realize that this would make the court case with RU and the NCAA versus EA.
I can't speak for Rutgers, but the school that I was associated with received requests for images from EA every year as a part of the licensing agreement with the CLC (now a part of IMG) that licenses the intellectual property of each school to EA. Notice the "CLC Officially Licensed Product" logo that appears on each game. The right to use each school's logo is actually a seperate contract (actually, a series of them, packaged together by the CLC) from the NCAA contract.

Technically speaking, any school could opt out of the game entirely by declining to grant a license for logos, etc. thru the CLC. Obviously no school does that because they wouldn't receive its cut of the licensing fee from the CLC and it would also put them at a recruiting disadvantage.
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Old 07-02-2009, 12:12 AM   #42
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Re: Ex-Rutgers QB Suing EA

When it rains it pours...hopefully this is just a shower instead of a thunderstorm.
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Old 07-02-2009, 01:02 AM   #43
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Re: Ex-Rutgers QB Suing EA

It's already been said numerous times but just to reiterate the point, the players hold absolutely no rights to the images being used in menu system. This guy has no chance at winning this suit. The cover guys are different because they're being used in commercials, interviews, and photo shoots, etc. The menus though use unaltered photos that EA has secured the rights to use.

It's kind of similar to the paparazzi taking pictures of celebrities and then selling the photos to magazines and newspapers. Tom Cruise can complain all he wants about an unflattering photo of him being printed in a magazine but it won't make a difference because he doesn't own the photo of himself. He just has to deal with it.

The NCAA has rules about using the likeness of current amateur athletes but that's completely unrelated to this.
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Old 07-02-2009, 01:18 AM   #44
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Re: Ex-Rutgers QB Suing EA

You can sue over anything -- it's the winning that counts.
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Old 07-02-2009, 10:17 AM   #45
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Re: Ex-Rutgers QB Suing EA

I may be totally off, but the university probably owns all of the photo rights and when you sign your scholly and other paperwork I am sure that is in there. I was going to take a free trip once for a non-profit org and I had to sign away all rights to any pictures not taken by my own camera. I ended up not going for other reasons, and didn't mind because it was a worthy cause, but I know pictures are used in presentations.

I realize that a lot of money is made on jerseys and the like, but NCAA athletes should realize 2 things:

1. The value of their college education at that moment (at least 200 K over 5 years).

2. The value of their degree down the road. Graduates with bachelor degrees make over 1M more in their lifetime than those with no degree.

As a kid, the only thing I was really good at sports-wise was hitting a baseball. I was slow, skinny, couldn't see well, but I could hit the crap out of a ball. If I could do it over (many have said that) or talk to my younger self, I would give myself a golf club and some Adderall (I have severe ADHD - I used to think it was crap until I found out the hard way it wasn't) and tell myself to learn how to play golf and get a vet degree (good with dogs). I can still do it, but I didn't learn about the ADHD until after I was married and the marriage part throws kinks into things.

Anyway, back on subject. I know the NCAA makes billions in gross dollars (that's right billions - NCAA basketball tourney contract with CBS is one huge source of revenue), and that is the main argument of the students, but how many really make a school or the NCAA money? A Sam Keller or Ryan Hart aren't athletes that bring people to the attendance gate. It is your Peyton Mannings, Peter Warricks and Darren McFaddens that bring people to games, especially when their team is winning. He shouldn't sue EA, he should sue the NCAA and Rutgers. EA has to get permission from those two particular institutions to use those pictures.

Last edited by acts238shaun; 07-02-2009 at 12:00 PM.
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Old 07-02-2009, 10:58 AM   #46
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Re: Ex-Rutgers QB Suing EA

It used to be considered cool if your picture showed up in something like this. Now it's a reason to sue for some opportunistic schmuck who wasn't good enough to cash in based on his playing skills.
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