Former NFL players sue EA over Madden

[FessJL0861]

So it was in the Upshaw era. I hate to kick dirt here, but that is pretty shady. Did you guys get any counsel about what the video game industry had in store for your name and likeness? You know, that would be a really good article. I would like to hear that from a player-business standpoint.

[Phil McConkey]

We though our counsel was the players association that was suppose to be looking out for us when we signed the licenses, year after year. The video game industry was just following orders, the association wanted ALL the royalties to go to the current players and nothing to the retired players. That is what is so frustrating for many of the guys, it's not like anyone is asking for a handout, just what is rightfully ours. And please don't get me started on how it's almost impossible for guys to get disability even though they are practically crippled due to old injuries.

[msclemons]

One problem with many unions is that non-members don't pay dues so their concerns aren't heard (An infamous quote from the California Teachers Association union leader: "students don't pay union dues"). Retired players don't pay dues and it seems the union leadership only cares about the money coming in. With some notable exceptions of course.

I'm guessing current players are just too young to have the foresight to force the union to think about retired players?

[Turk Schonert]

One problem with many unions is that non-members don't pay dues so their concerns aren't heard (An infamous quote from the California Teachers Association union leader: "students don't pay union dues"). Retired players don't pay dues and it seems the union leadership only cares about the money coming in. With some notable exceptions of course.

I'm guessing current players are just too young to have the foresight to force the union to think about retired players?

We pay dues (by choice) but not to the NFLPA.

[msclemons]

There's a retired players union? That's good to hear but do they have much clout with the league or only in courtrooms?

[FessJL0861]

We pay dues (by choice) but not to the NFLPA.

Great question Clem. To whom and to what length do they go Turk?

[SpartaChris]

Depends on the contracts they played under. If it contained language that allowed for exploitation of their name and likeness in any and all ancillary markets now or in the future, past the end of their employment in the league, even if those markets do not yet exist, by the team, league, and/or a licensed third party, then the players have no standing. If not, then yes absolutely.

And if EA has a licensing agreement with the league, the players have a legitimate beef with both parties. The changing of numbers even more than the removal of names suggests that neither EA nor NFL was confident on this subject when the licensing agreement was signed, which in turn suggests a little dirty pool.

When I have an active set, nobody, even if you're just deliivering lunch or fixing a plumbing prroblem, can come through the gates without signing a release for use of name, likeness, and voice, forever throughout the known universe in any medium now in existence or yet to be invented, largely for this reason. If I don't have these releases, my ability to get a project disttributed is severely impaired, iif not impossible. If people don't want to sign them, no hard feelings, but please also come no closer. it's possible EA and the NFL are learning this could be a good idea. (I havethe advantage of being in an industry with much more experience in this arena, so it's part of the beginner's handbook)

OT, but tell me more. What do you do?

[SpartaChris]

This is the second lawsuit filed again EA Sports. The first one ended with a 26MM award to retired players. The judge accepted evidence that showed the NFL Players Association conspired with EA Sports to conceal the true identity of the retired players so they wouldn't have to pay them. And this is suppose to be the union that represents retired players.

Since I admittedly know nothing about how the marketing deals work, how did the NFLPA benefit from this? Were they compensated by EA for the use of the player likenesses?

Either way, that's jacked up. So much for union solidarity, eh?

[FessJL0861]

This thread put the union in even more bad light. I don't understand why it isn't getting any press.