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Lawsuit may affect all of college sports

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  • Lawsuit may affect all of college sports

    Ruling today says college athletes CAN sue (and expect reimbursement) if their likeness is used by video game makers...


    where this "O'Bannon lawsuit" may be extended is in another part of this lawsuit - whether NCAA or the schools can profit from the use of the players without re-imbursing the players...

  • #2
    Hypocrisy of the NCAA. They can use the likeness of an athlete and make money but the athlete can not have any personal gain from the same thing. ala Steve Alford and the college calendar with athletes on the pictures

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    • #3
      The O'Bannon lawsuit has settled...
      college players vs. NCAA for use of likeness in marketing...

      The settlement is $40 million - now gotta find some way to share all this money with the 100,000 or people who could be eligible to receive a part of the settlement...

      if divided evenly - works out to $400 each - minus probably 1/3 for the legal guys...so maybe enough for a night at the Comfort Suites or a cheap pair of Nike Jordans...
      If limited only to those who can prove beyond a doubt that their likeness is used in the video games, then perhaps far fewer than 10,000 or so - maybe only several hundred would pursue reimbursement -- then the remaining $$ could be as much as $2500 to $25,000 or so each - less whatever the IRS takes (maybe 30-40%)
      ....but anyone who collects might be instantly considered a "professional" by doing so, thus some who are still playing in college or elsewhere would have a tough decision to make

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      • #4
        Can we get in on this if our likeness appears on "America's Most Wanted'?..

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        • #5
          Originally posted by tornado View Post
          The O'Bannon lawsuit has settled.......
          well - here's what the actual players are gonna make out of this massive lawsuit...and it turns out to not be very much....

          each player will be entitled to a maximum of $5,000 for each year that they (their likeness) appeared in any of the video games..

          most college players never appeared in any of the games, and of the ones who did, most appeared only once...
          a few appeared 2, 3, or 4 times....not may ever appeared more than that...

          thus most college players get nothing...some get a few bucks on up to $5,000, and a very small number who were popular college players for multiple seasons - will get $10-20,000.


          BUT -- each individual player is obligated to make the claim - and be able to prove...
          "a likeness exists ...based on matching uniform number, school, division, sport, position and home state"


          btw - the lawyers get $5.8 million for one component of the settlement, and $13.2 million for the other component...totalling $19 million - so they come out the big winners.

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          • #6
            Originally posted by tornado View Post
            well - here's what the actual players are gonna make out of this massive lawsuit...and it turns out to not be very much....

            each player will be entitled to a maximum of $5,000 for each year that they (their likeness) appeared in any of the video games..

            most college players never appeared in any of the games, and of the ones who did, most appeared only once...
            a few appeared 2, 3, or 4 times....not may ever appeared more than that...

            thus most college players get nothing...some get a few bucks on up to $5,000, and a very small number who were popular college players for multiple seasons - will get $10-20,000.


            BUT -- each individual player is obligated to make the claim - and be able to prove...
            "a likeness exists ...based on matching uniform number, school, division, sport, position and home state"


            btw - the lawyers get $5.8 million for one component of the settlement, and $13.2 million for the other component...totalling $19 million - so they come out the big winners.
            It actually should cover just about every collegiate football and basketball player. I remember playing an NCAA basketball game dated 2008 that had every member of Bradley's team correct with their likeness, home town, position, and number. The games were extremely accurate with the only difference being the names were computer generated.

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            • #7
              question: if a sports magazine, say Sports Illustrated, sells a million copies of an issue containing a story on the great crowds at Bradley basketball games...
              ...and there are numerous pictures - and lets say RedSeaElite1 happens to appear in 10 different pictures, then should he be legally entitled to compensation from Sports Illustrated for using his likeness ad profiting from it?

              Likewise the Journal Star sells newspapers with pictures/images/likenesses that they never pay for nor compensate those pictured.....
              ..then there was the comment that even high school kids ought to be paid if their schools charge admission to the athletic events....- where will it end?

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              • #8
                Originally posted by tornado View Post
                question: if a sports magazine, say Sports Illustrated, sells a million copies of an issue containing a story on the great crowds at Bradley basketball games...
                ...and there are numerous pictures - and lets say RedSeaElite1 happens to appear in 10 different pictures, then should he be legally entitled to compensation from Sports Illustrated for using his likeness ad profiting from it?

                Likewise the Journal Star sells newspapers with pictures/images/likenesses that they never pay for nor compensate those pictured.....
                ..then there was the comment that even high school kids ought to be paid if their schools charge admission to the athletic events....- where will it end?
                Couldn't agree more with you here. If you want to make money, go pro, it's pretty simple. There are TONS of issues with the NCAA, but paying players isn't fixing the issue, it's making it worse.

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                • #9
                  watch for more lawsuits against NCAA - now they appear to be an easy target
                  Timothy Flasher, a former Florida State University football player who suffers from brain damage alleged to be a result of repeated traumatic head impacts while playing college football, filed a lawsuit today against the National Collegiate Athletic Association (NCAA) and the Florida State University Board of Trustees in Florida’s Seventeenth Judicial Circuit (Broward County).

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                  • #10
                    settlement details for video game lawsuit...

                    any player whose likeness appeared in a video game between 2003-present can apply for a settlement...then the money will be divided.
                    The maximum payout is $7200

                    About 20,000 college athletes have applied for the $60 settlement (minus attorney fees of about 1/3, and minus a larger hunk for the main plaintiffs in the lawsuit - O'Bannon, Keller, Hart)..
                    and more still could as the deadline isn't 'til the end of the month.

                    ...so if you do the math then each applicant ought to get an average of less than $2000 but some get more than others because each individual case is determined on the basis of how many different editions each player appeared in, if his name was on the team's roster in the game, if he wore a jersey with his name on it, if his face was visible, and a few other details.

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