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July 6, 2009
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Collegiate Sports

Athletes Challenge NCAA's Use Of Likenesses In Video Games

Keller (l), Others Allege NCAA Illegally Profits
From College Players' Images In Video Games
The NCAA has "long enforced strict rules barring its athletes from cashing in on their celebrity status at the same time that it earned millions of dollars through licensing deals," but now athletes are "challenging in court for the right to control the use of their images," according to a front-page piece by Katie Thomas of the N.Y. TIMES. Former college QB Sam Keller "filed a class-action lawsuit this spring against" Electronic Arts (EA) and the NCAA, alleging that they "illegally profit from the images of college football and basketball players." Former QB Ryan Hart last week "filed a similar lawsuit" against EA in New Jersey court. Keller: "We signed a paper at the beginning of college saying we couldn't benefit from our name. So why was the NCAA turning a blind eye to this and allowing EA Sports to take our likenesses and make big bucks off it?" Thomas noted a federal jury in November "awarded more than 2,000 retired" NFL players $28.1M for the use of their identities without compensation, but Florida Coastal School of Law Center For Law & Sports Dir Richard Karcher said that the "case of the college athletes is more serious." Karcher: "It's more egregious when third parties are profiting off of amateur athletes." Knight Commission on Intercollegiate Athletics Exec Dir Amy Perko sees the video games as the "most extreme examples of the commercialization of individual athletes." The NCAA and member schools "have licensing agreements that allow Electronic Arts to publish three college-themed video games: NCAA Football, NCAA Basketball and NCAA March Madness." Unlike professional sports games, the NCAA games "do not use players' names," but "even casual fans of college sports would recognize the athletes depicted in them." The NCAA "would not disclose its earnings from video game royalties," but Int'l Licensing Industry Merchandisers' Association Senior VP/Industry Relations & Information Martin Brochstein said that they are a "significant source of income for the association and the universities." Meanwhile, Thomas noted the lawsuits "come as the NCAA is considering loosening restrictions on the marketing of individual players." Under the proposed changes, commercial sponsors "would be able to highlight an individual player but only by using game footage and only if the player was not portrayed as directly endorsing a product" (N.Y. TIMES, 7/4).


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