EA and the NCAA would need a system for paying players for their likeness if the game were to returnEA SPORTS
There "could be another path" toward EA Sports making its NCAA football game again if the NCAA ends up softening its "rules on likeness," according to Chris Hummer of 247SPORTS.com. Former NCAA Football Exec Producer Ben Haumiller, who is currently a producer for the Madden franchise, said, “If the opportunity ever presented itself we’d be very interested in potentially getting back into that space" (247SPORTS.com, 5/17). PRO FOOTBALL TALK's Mike Florio noted having the "ability to pay the players what they rightfully deserve would be only the first step." Without a union to sell the name, likeness and image rights of college football players on a "widespread basis," EA and the NCAA "would have to put a mechanism in place for getting each and every player to agree to terms." Otherwise, many will "simply sign on the dotted line and take whatever measly check they are offered," while others "may hold out for much more." Some "may refuse to sign at all." Previous efforts to unionize college athletes have failed, but still nothing "prevents them from forming a group that would have the power to advance their interests and to negotiate collective marketing rights with EA and anyone else who wants to use their names, likeness, and images on a widespread basis" (PROFOOTBALLTALK.com, 5/18).
PRECEDENT SET: USA TODAY's Steve Berkowitz notes there already is a "basic blueprint available for how to manage the payment of athletes" for the use of their names, images and likenesses in video games. Attorney Leonard Aragon was "deeply involved in overseeing the distribution" of $60M in settlement money for the misuse of athletes' NILs in '14. Aragon said that players who "appeared in the games in a similar fashion were compensated the same, regardless of who they were." And while there were "objections to the settlement," the NCAA, EA and Collegiate Licensing "did not challenge this basic setup." Aragon noted that if the NCAA "allowed players to be compensated for the use of their NILs in video games, there could be a complication if 'superstar players' wanted to opt out and try to set their own terms" (USA TODAY, 5/20).
