EA Sports facing litigation from NCAA football players
by Griffin McElroy 
{ May 7th 2009 at 3:00AM }
Just like in the NFL lawsuit, Keller claims that while the digital players lack monikers, they have the same jersey numbers, home states, height, weight, skin tone, hair color and hair style of their real-life counterparts. Sounds pretty similar to the complaints featured in the NFL retirees' successful suit against the NFLPA. We'll keep an eye on this one to see if Keller and the other college players get similar results.
[Via GamePolitics]
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Reader Comments (Page 1 of 1)
Artemis Gone @ May 7th 2009 3:10AM
Another frivolous attempt at sucking money out of a large company... then again, how else are these guys going to pay off their student loans?
Wait... they are/were college athletes... oh that's right, they don't have to pay for squat!
I guess since they can't hack in the NFL, they need money some how.
Uncontrol @ May 7th 2009 3:16AM
look how dumb you are
DeepFriedSushi @ May 7th 2009 5:07AM
EA deserves this for making football games a monopoly.
Mez Jr @ May 7th 2009 12:58PM
Yeah, I mean, why should people be compensated when people are making money off them.
The Madden suit is one thing, few people probably purchase the game to play with historic teams. However in NCAA the majority of people purchase the game to play with the current college teams.
You don't think the NFL players get compensated for appearing in Madden? Why should NCAA players be treated any differently when the ONLY thing thats different is that NCAA players names are not used.
This is a problem begging for an amicable solution for all.
Set up a situation where the kids get a cut, maybe $500 a piece, that's 120 or so D-1 Schools, 70 kids per school 8400 total student athletes would be $4.2 million payout of a total combined sales revenue of around $37.7 million (ps3 & xbox360 sales combined were around 550k @ $59 a pop) I think would be pretty fair aprox 10% of total revenue.
Us the players, well, we'd get the players names in the game without having to jump through hoops.
Vidikron @ May 7th 2009 2:13PM
@Mez
Is 70 the number EA uses in their games? Each D1 school has 85 scholarships for football.
Mez Jr @ May 7th 2009 4:28PM
@Vidikron yeah, at least in NCAA 2009 that's what they make you cut your roster down to each season.
Markez @ May 7th 2009 3:13AM
Weird, I thought it would've been Maurice Clarett doing this being that he has so much free time on his hands. Way to go, Denver & Mike Shanatan on that one. I'd think the NCAA kids have less ground to stand on than the NFL players given the extra steps they take to remove names and all that jazz.
J Snaz @ May 7th 2009 5:20AM
Just wanted to add that while Clarett showed his true colors, he is no different that a lot of college players. Put yourself in their shoes, a lot of these guys come from poor areas and don't see money. Then you get these big name boosters/agents giving them money and what not, how would you react. They enter a game that earns literally millions upon millions of their hard work and they see very little of it. The Reggie Bush's and Clarrett's are just the ones who get caught. The system is flawed.
Markez @ May 7th 2009 11:24AM
Yes, Clarett is very different from a lot of college players. What the hell are you talking about? 99% of college players would not have reacted the way he did. He sued the NFL trying to get in early after college, and was later arrested with concealed weapons after a police chase. You do a disservice to collegiate athletes comparing them to that waste of space. How would I react? They earn millions upon millions and earn very little of it? Again, what the hell are you talking about? When players sign huge contracts they see a lot of that money, like Reggie Bush. When they sign crappy, incentive-laden contracts because they're high risk, like Clarett, and don't pan out at all because they're whack jobs, then they see very little of it.
J Snaz @ May 7th 2009 1:05PM
I did say "he showed his true colors". My "no different then other players" was referring to taking money from boosters/agents.
As far as money goes, yes, you right. Every college player is a 1-10 first round pick in the NFL.
You do some research into how much these programs make:
Top College Football Revenues
Texas $60.9 million
Ohio State $60.8 million
Georgia $58.7 million
Michigan $50.4 million
Florida $48.2 million
Top College Football Profits
Georgia $44.1 million
Texas $42.5 million
Michigan $37.6 million
Florida $32.4 million
Ohio State $28.5 million
http://newsok.com/article/3166059
Vidikron @ May 7th 2009 2:19PM
@J Snaz
Yeah, but your point is just as flawed. You make a wise crack about how every player is a lottery draft pick, but on your list that's 5 schools out of, what, 117 or so in D1? Most programs actually lose money, only the top few that manage to make it to a big bowl most years actually pull profits. The schools you listed are the equivalent of the draft lottery picks.
J Snaz @ May 7th 2009 2:59PM
Good point about the list but still there are enough bowl games where money is had. There are roughly 34 bowl games with the LOWEST payout being 300,000. Most pay at least 500K+ 34 X2 = 68 teams getting some money. The BCS schools do well when you add in TV contracts, the fact that bowl money is split up evenly amongst the conference that wins.
http://www.usatoday.com/sports/college/football/2006-12-06-bowl-payouts_x.htm
Not every school ranks in money, but not every school is negative either.
Mez Jr @ May 7th 2009 4:31PM
Also, I believe bowl revenue is shared amongst the conference. That's one of the reasons Notre Dame refuses to join a conf.
Courtney @ May 8th 2009 2:30AM
@Vidikron and J Snaz,
It's worth pointing out that any decent college is an incredibly complex legal and financial entity. You can't really judge the profitability of any one program accurately without spending a crazy amount of time researching, and even then there will be certain very valuable bits of information withheld.
A huge financial benefit of even moderately successful sports programs comes from donations from alumni and boosters. These are usually made to endowments, which are separate legal entities from the college, and are not always required to make the same disclosures about their finances that the college would. But the endowments always use the sports programs, players and coaches as part of their marketing push. So anytime you try to say, oh, "X program makes Y money," you're already wrong. A big part of the revenue the school is earning is missing.
The same applies to merchandise. The department that handles merchandise is also often a separate legal entity from the sports program. So while they may pay the sports program royalties every year for certain names or likenesses, there are huge amounts of money made from crap sold because of a college's sports teams that never reaches the program. It just directly benefits the school, and stays off the sports programs books so that they can continue to claim they aren't profitable.
Depending on the legal structure of the school, radio and television contracts may also allow revenues to be split up between they multiple legal entities of the school, further obscuring the real financial benefit of sports programs.
I'm not making any judgments about any of this, I've just actually had to deal with trying to unravel the legal/financial morass of a couple of colleges and understand that nothing is ever what it appears in collegiate finances.
Cr4sh Dummy @ May 7th 2009 3:32AM
Their suing because they don't get paid from the series? Aren't they barred by the NCAA to receive payment by any means if its even slightly related to Athletics?
Ryoga Vee @ May 7th 2009 5:38AM
Yeah, that's that I thought, they CANT get paid.
drumwiz86 @ May 7th 2009 8:02AM
Just because they can't be paid doesn't give EA the right to use their likenesses.
SoCoolCurt (PSN: KillaKornbread - XBL: SoCoolCurt) @ May 7th 2009 8:30AM
that's what i was thinking. if they get paid for this, then i would think it would force them to forfeit their amateur status thus prohibiting them from playing college sports anymore. maybe i'm wrong and they found some type of loophole but it seemed pretty cut and dry to me. get paid, you can't play.
Cr4sh Dummy @ May 7th 2009 11:10AM
Your right drumwiz, EA shouldn't be using their likeness but the whole premise of the litigation is negated because NCAA players are barred from receiving payment for anything related to Athletics.
seamonkey420 @ May 7th 2009 9:13PM
i personally do not think they deserve anything.
they should be humble in that they are in a video game. if ea or any game company wanted to, they could just make generic stats and players. but what fun is in that?
just my .02
J Snaz @ May 7th 2009 5:16AM
No surprise it's Sam Keller. Guy was a loser in College and is now trying to get some money elsewhere.
Not that I have problem with the idea behind it, as College Players really are under compensated for everything they do and how much money Bowl Games rank in. I just wish it was more of a Team player who did something like this, not a locker room cancer like Keller.
Bakkster @ May 7th 2009 6:56AM
Yeah, all they get out of it is some recognition and 4 free years of college, maybe a stipend. I really feel for them...
SoCoolCurt (PSN: KillaKornbread - XBL: SoCoolCurt) @ May 7th 2009 8:41AM
i used to play football in college and while granted it was DIII, still about 8-10 hours a day was dedicated to football (lifting, practice, film, team meetings, study hall, etc.). i know how much we did and we didn't get anything for it (except a winning record and a bowl game appearance) since DIII is non-scholarship. i know how much more the DI players do but i feel they are compensated by scholarships since those scholarships are worth A LOT of money and the big stage they get to play on sets them up to make millions in the NFL (some players). the only players i feel are getting the shaft are the non-scholarship DI guys but they know what they are getting in to from the get go. so yea, at least at that level, overall, they are compensated adequately IMHO.
Matt G @ May 7th 2009 7:28AM
I probably should know this, since I just ended my NCAA athletic career, but I believe we all sign waivers for the NCAA to use our likeness in things like marketing, which this could be taken for.
If you have ever seen an NCAA (not school specific commercial) you will see athletes from colleges around the nation, and they DONT get paid. Maybe Keller should have paid attention to the NCAA Compliance meetings.
SoCoolCurt (PSN: KillaKornbread - XBL: SoCoolCurt) @ May 7th 2009 8:46AM
your right. pretty sure i remember doing that even at my DIII school. that is probably going to completely nullify his whole suit. he would probably sue the NCAA for allowing it to happen if he wants to sue somebody. otherwise, case closed.
Mike @ May 7th 2009 9:08AM
This makes sense. I wasn't an athlete in college but from what you've said, it can probably be implied that the waiver gives the NCAA the right to use your likeness for anything they want. They essentially own your likeness so long as you are a college athlete. EA has a deal with the NCAA wherein the NCAA lets them use the athletes' likenesses, so the suit holds no water.
Shortbuser @ May 7th 2009 7:28AM
Goodbye easy roster updates :-(
bluezy @ May 7th 2009 7:30AM
EA Sports can't even spell. Apparently Nebraska was "National Chapions" in '94 and '95.
FNG @ May 7th 2009 10:12AM
good eyes there mister cool metroid avatar.
bret @ May 7th 2009 8:28AM
what is the difference between getting paid for your likeness and doing an endorsement? i know getting any compensation for an endorsement automatically ends your NCAA career.
maybe if sam keller got a legitimate degree, he wouldn't have to worry about coming up with money right now
vidGuy @ May 7th 2009 8:37AM
Hmmm, they have a legally protected right to publicity on one hand, and are barred from getting paid for "endorsements" on the other. I imagine they sign away their rights while in uniform - now THIS is a frivolous suit.
CoreyW @ May 7th 2009 10:48AM
Yeah, the real problem here is the NCAA. An organization that, while itself non-profit, is full of guys hiding behind that status as they laugh all the way to the bank. They market these guys like professional athletes but then get mad when they want to act like professional athletes.
Ghaleon @ May 7th 2009 9:30AM
I never understood how sports companies could get away with this honestly dealing especially with college games. If you play NCAA ball, THERE YOU ARE in the game w/o anyone getting your permission basically, right?
I'm suing Midway over College Slam
Deedubbadoo @ May 7th 2009 9:34AM
Always have said, that these guy/girls should get paid something. Yes I know they get a free education, and a small stipend, and some fame. But to put it into prospective, the top 5 bowl games last year paid around 15-17 million dollars to their perspective teams. Let's say the average college tuition for a public 4 year school is in the neighborhood of 35-40k. You gave a player who has to work at least 40 hours a week on his sport, not counting academics the equivalent of 15-18k per year (including room and board / books,) while this person helped to bring in millions of dollars to the university.
This is why kids take money under the table, especially the one and dones. There is no incentive not to take money, all they have to do is pass one semester of classes to be eligible to play, then roll around in the Benz the alumni bought you, and count down the days till the draft. By the time word gets out that something was suspect, i.e Reggie Bush / OJ Mayo, they have already made their money and thumb their nose at the NCAA.
If Miles Brand wasn't so power / money hungry, he could fix what is wrong with college sports. But, again their is no incentive to do that when these athletes bust their ass and the NCAA cashes the checks!
aristokrat @ May 7th 2009 11:07AM
If Keller had taken some economics classes, he might have heard the oft-used example of the NCAA as a cartel. Those guys are the ones exploiting him and his colleagues, and they're never going away. Keller doesn't realize that all the money the football team brings in goes to support the rest of the athletic department in a move cleverly thought up by the NCAA called Title 9. While it is sweet for women's athletics, it was most likely conceived as yet another way for the NCAA to control college athletics instead of letting colleges/free market choices figure what would happen. As long as the NCAA is around, college athletes will never see a dime, and the colleges' buy into this because they can hide behind "rules" and make a lot of money as well.
Cr4sh Dummy @ May 7th 2009 11:08AM
Your right drumwiz, EA shouldn't be using their likeness but the whole premise of the litigation is negated because NCAA players are barred from receiving payment for anything related to Athletics.
Cr4sh Dummy @ May 7th 2009 11:09AM
I really suck at using this comment system...
baconaholic @ May 7th 2009 12:15PM
If he REALLY wants to sue someone, he should sue pastapadre on XBL.
http://www.pastapadre.com/2717/exclusive-ncaa-football-09-rosters
Startlingline117 @ May 7th 2009 12:42PM
I see where he is coming from here, I really do.
Why should a company make money of your likeness without you getting a part in it? Granted, I would expect HIM to receive funds, but perhaps throw something towards the football programs from which they are using.
Because in all honesty, how many people would buy/play a college football game if the players looked/played nothing like their real life counter-parts?
Startlingline117 @ May 7th 2009 12:55PM
Another thing many of you are missing here: Most football programs COST schools money each year, instead of making the school money. There's a lot of overhead to be had. Staff, facilities (c'mon, you think stadiums like michigan which hold 130,000 people come for free?), INSURANCE, etc....
aristokrat @ May 8th 2009 2:30PM
I hardly think that Michigan's stadium costs it money each year, between sports, concert, and other events. And you think the bowl game's they go don't bring in the cash? Bigtime schools with bigtime players that are the impetus behind buying NCAA Football for most purchasers are not losing money on football.
kevin @ May 7th 2009 12:58PM
doesn't the collage own it's address ,is the college responsable for its state location .doesn't the college own the colors of the uniforms & it's #s .so this player owns the rights to an afro or the rights to a skin color or to someone's height
Bleu @ May 7th 2009 1:09PM
I say milk them for everything they got.
Jonathan Bagley @ May 7th 2009 1:50PM
I figured that all of the likeness issues would be covered under the agreement that EA has with the NFL and NCAA. I understand players wanting their piece of the pie, but it seems that the NFL and NCAA have to have some sort of ownership over the jerseys, and overall makeup of players on a team. These players sign contracts (at least in the NFL) that probably addresses this issue, and therefore I believe that the players contracts with the NFL and EA's contract with the NFL should coincide. Not sure for the NCAA but he needs to stop whining and get to class. I don't hear any complaining that they get no cut from merchandise sells or ticket stubs. They are unpaid clowns in a very popular circus, and thats how it will always be.
chaz93 @ May 7th 2009 9:24PM
Keller is a dumbass. Hes mad because of his 2007 disaster season at nebraska
GoonieGooGoo @ May 8th 2009 2:26AM
This is a BS lawsuit.....College Athletes already receive enough preferential treatment...they should not benefit in any way from a gray area licensing of their likeness. "Wow.....that player is white/black and is on the team with my same #....IT MUST BE ME!"
Sorry .....the schools already devote huge funds to their sports teams....the licensing issue resides with them and EA...College Players are NOT NFL Players...and should never ever be treated as such.
Keller should have learned to focus on an actual major and take advantage of his full ride scholarship and get an education.......instead of now trying to get a handout now that he didn't make the NFL and his major in Floral Arrangement is worthless. What a waste......
Startlingline117 @ May 9th 2009 7:28PM
I wasn't stating that Michigan cost the school money, but stadiums of that size and stature do. I'm sure there are a number of programs out there which provide some kind of income for the school (USC, Michigan, Ohio State) but of the 100 something D I and D I AA programs, by and large most of them cost their universities a nice dollar each season.