We Still Need the NCAA to Change How It Works to Get Licensed College Sports Games

[tessl]

Quote: Originally Posted by Tuscaloosa

Actually, there have been athletes who have attempted to sue not just the athletic conferences, but ESPN and other broadcasters. A case was thrown out in Tennessee not long ago. From what I can tell from my own research, it always comes down to First Amendment Rights vs right of publicity. It seems in most cases (not just sports/athletes) that First Amendment Rights trump the right of publicity, but not always. There seems to not really be a clear-cut right answer in our legal system (go figure), but in my own opinion, it seems as though they are treating television broadcasts (etc.) like news coverage, and treating other things, like video games, as products for sale. I know, I know, ESPN and sports broadcasts are a product as well, but that just seems to be the general opinion when looking at the results of court cases. Again, it's all very convoluted and confusing, with no straight answer to the right of publicity thing.

Exactly - no straight answer. The video games got shut down with a judge ruling against the company making the game despite the fact the actual likeness and name of the athletes wasn't used. Meanwhile magazines, television, internet websites all use the exact likeness of these same athletes and the courts dismiss the lawsuits.

The lawsuit appears to have been the equivalent of legislating from the bench.

[coogrfan]

Quote: Originally Posted by jerwoods

i watch a video on YT and he said the dev talked with a lawer and he said as long as they dont ship with any real Logos real stadiums real playes they are in the clear

[RobRusti]

Can you help me out by signing this petition?
http://chng.it/pqvXHBXj it is a petition to EA Sports to license Colleges and make a deal with NFLPA to use past players.