"It's In the Game"
So, former Rutgers QB Ryan Hart has followed in the cleat divots of former QB Brian Fortay and has filed a seemingly unwinnable lawsuit against EA Sports for using his likeness without permission. Joining Hart is former Jets QB and University of Cal alum Troy Taylor.
It seems to me that EA Sports and their competitors would have gone to great lengths to ensure they were within their legal right to portray these characters as they have. Also, I find it strange that after producing games depicting college athletes for over a decade, this is the first I've heard of any type of lawsuit against one of the gaming companies.
In Hart's defense, it always seemed a little strange to me that the video game companies were able to circumvent likeness laws simply because they don't actually print the players names. It also seems a little shameless that the NCAA would allow its athletes to be portrayed in such a way without compensation. To me, that's actually the larger issue. Unpaid student athletes should have come control over how their likeness is used. They are amateurs, not professionals, and most of them never become professionals.
Here's a solution. The NCAA can continue to license the names of the schools and images of the players. The NCAA should then have to distribute a share of the money to the players after a player has used up his eligibility, and thus can no longer compete in amateur sports. A similar system should be put in place for players to receive royalties on sales of their jerseys, with the money given to them after they are no longer at the school or competing in collegiate athletics.
It seems to me that EA Sports and their competitors would have gone to great lengths to ensure they were within their legal right to portray these characters as they have. Also, I find it strange that after producing games depicting college athletes for over a decade, this is the first I've heard of any type of lawsuit against one of the gaming companies.
In Hart's defense, it always seemed a little strange to me that the video game companies were able to circumvent likeness laws simply because they don't actually print the players names. It also seems a little shameless that the NCAA would allow its athletes to be portrayed in such a way without compensation. To me, that's actually the larger issue. Unpaid student athletes should have come control over how their likeness is used. They are amateurs, not professionals, and most of them never become professionals.
Here's a solution. The NCAA can continue to license the names of the schools and images of the players. The NCAA should then have to distribute a share of the money to the players after a player has used up his eligibility, and thus can no longer compete in amateur sports. A similar system should be put in place for players to receive royalties on sales of their jerseys, with the money given to them after they are no longer at the school or competing in collegiate athletics.
Comments