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The Big Blue Daily Mail -- Ryder Cup Edition

JB Holmes and Kenny Perry shown practicing at Valhalla during the 2008 Ryder Cup week.

The Ryder Cup is in full swing this morning.  I personally attended the last one at Valhalla, and it was one of the singular events in my life.  This one has started rather inauspiciously with a weather delay due to heavy rains.

If you are a Ryder Cup fan, don't miss this piece by Gregg Doyel.  It ought to get your competitive juices flowing, Tiger Woods fan or no.

Now, for the news.

Star-divide

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Glenn,

You have probably already read this, but I thought everyone would like a little insight from someone who was actually part of the NCAA videogame explosion starting a few years back who thinks the NCAA is going to have a hard time getting around their current lawsuits over paying the players for their likenesses. From Jay Bilas’ Blog:

While I have not read the pleadings in this case, based upon my experience in law, I believe the NCAA will have a difficult time defending against these claims. All you have to do is look at the video games licensed by the organization. In both football and basketball, NCAA-licensed video games happen to have players that clearly bear striking physical resemblance to the real-life players. They have the same look, build, race and jersey number, and their names are conveniently available to download and assign to the relevant player.


Several years ago, I was the voice of one of the NCAA-licensed games. When doing the voiceover work, I had to go through an exhaustive list of first names and last names that were catalogued in the game. The user had to assign a first and last name to each player, but it was all just a clever end-around in an attempt to avoid the appearance of directly using the players’ names and likenesses. The game constructed this fiction to make the player names seem like a generic list or some sort of phone book. But in 2004 and 2005, the games just happened to have names like Okafor, Redick, Diogu, Duhon, Bogut and Simien, which are hardly like Smith and Jones.


And oddly enough, there were players that matched the body type and jersey number of those already famous player names. How can the NCAA possibly explain that, and the fact that there was no corresponding capability to assign a name to the coaches in the game? The games are supposed to be realistic and they are, all the way down to the cheerleaders and the mascots. The coaches are not in the games because they would have to be paid for the use of their names and likenesses. Conveniently, the players do not have to be compensated because of the NCAA’s strict adherence to the amateur ideal.

Bilas, like myself and some others believe that either the NCAA changes it’s tune on the subject of compensating the players, or gives up the rights for the players to obtain compensation themselves.

I Shall Always Be The Cat......In The Hat!!! The Artist Formerly Known As ABC!

by Greg Alan Edwards on Oct 1, 2010 1:25 PM EDT reply actions  

That's not what anyone is talking about.

No rational person disputes that players have rights to their likeness and the NCAA shouldn’t be able to use it for profit in a video game without paying the player. The extent to which a video game infringes on this right is something for the courts to decide.

I don’t dispute that. What I do dispute is that they should be paid in addition to their scholarship, or for using their images to promote NCAA contests which help pay for their scholarships. That is what Doyel is talking about.

These are two separate and distinct issues.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Oct 1, 2010 3:17 PM EDT up reply actions  

I understand your point, however, if this opens the gates for compensation, do you think that it will be able to be kept seperate from things like

tournament revenues, bowl game revenues, and the like? I may be oversimplifying things, but it seems to me that if the Supreme Court decides that they must be compensated for the use of their likenesses, will it not lead to more cases that ask for the same thing in other circumstances? Just seems like it would have a snowball effect and not be isolated so to speak.

I Shall Always Be The Cat......In The Hat!!! The Artist Formerly Known As ABC!

by Greg Alan Edwards on Oct 1, 2010 3:22 PM EDT up reply actions  

I mean, if the school gives me a jersey, and does not require that I return that jersey, should it not be mine

to do with as I please? If they required the return of that jersey it would be another matter I understand, but obviously they were not about to ask for it back. Or maybe they should.

I Shall Always Be The Cat......In The Hat!!! The Artist Formerly Known As ABC!

by Greg Alan Edwards on Oct 1, 2010 3:24 PM EDT up reply actions  

The Green case at Georgia.....

I Shall Always Be The Cat......In The Hat!!! The Artist Formerly Known As ABC!

by Greg Alan Edwards on Oct 1, 2010 3:34 PM EDT up reply actions  

Oh. Duh.

That one’s easy.

  • he sold the jersey to an agent;
  • the price was exorbitant.

The conclusion is, selling his jersey to the agent was nothing more than a transparent attempt to cloak taking money from said agent in the legitimacy of a commercial transaction, which was otherwise permissible, I presume.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Oct 1, 2010 5:14 PM EDT up reply actions  

I don't know.

It depends upon what the Supreme Court says, if it ever says anything on the matter.

My feeling is it will not rule that athletes are entitled to blanket compensation for their images, just as you are I are not entitled to it. If we want money, the television crews would rather just not show our images.

Suppose, for example, that the court rules that players are entitled to money to play in NCAA games. Schools may then require them to waive that right in order to accept a scholarship in the future.

They are unlikely to make such a ruling, though, in my opinion.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Oct 1, 2010 3:30 PM EDT up reply actions  

Here's a link with some insight on the Green jersey thing at UGA

http://ncaafootball.fanhouse.com/2010/09/08/a-j-green-case-at-georgia-illustrates-hypocrisy-of-college-jers/

I’m not advocating players making money from selling their jerseys, gloves socks, jocks or whatever … but the lure is there …

by ukcris on Oct 1, 2010 10:46 PM EDT reply actions  

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