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Are college athletes getting ripped off by videogames?

Are college athletes getting ripped off by videogames?

The New York Times examines the use of college athletes' likenesses in videogames.

Although [Arizona State quarterback Sam] Keller's name did not appear in [NCAA Football], there was little doubt that he was the inspiration for the Arizona State quarterback in its 2005 edition. The virtual player shared Keller's jersey number, 9, as well as his height, weight, skin tone, hair color and home state. The virtual quarterback even had the same playing style, as a pocket passer. "That was what made it so cool," said Keller, who transferred to Nebraska in 2006. "It was so blatant."

Keller has since come to view his appearance in the video game in a different light: as exploitation.

In professional sports, you can pay the players to use their likenesses. This doesn't happen in college sports. The National Collegiate Athletic Association mandates that players can't make money from their status as athletes. But aren't the NCAA and game publishers making money from their status as athletes? Is enough money even at stake to make it an issue?
Legal experts said it would be difficult to quantify how much the likenesses of college players are worth, but by comparison, the N.F.L. players union earned more than $35 million in royalties from Electronic Arts in 2008.
Of course, if some of this money is then passed along the guys whose likenesses are used, doesn't that contradict the concept of amateur athletes? Keller (pictured, virtually) is suing Electronic Arts and the NCAA. Read more about it here.

The whole thing seems very dubious to me, so I've decided to personally refrain from playing sports games until the issue is resolved. Maybe even longer.

(Thanks Dingus!)

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(9) COMMENTS

annette:
this was great...More »


Comments

By Haze at 11:18 AM ON 07/06/09

Sounds to me like someone was'nt good enough to make it to the pros. Its sad really. Most kids would be happy that they were immortalized in a video game.

By Justin Fletcher at 11:36 AM ON 07/06/09

Can't read the story due to the log-in, but I'll say this:

Whatever Keller's motives might be, what EA is doing is shady. What can be done with today's technology is a far cry from the sports games of old where a 8-bit sprite was named "Bo Shamuth." If EA were doing carbon copies of any other public figures, they'd have been sued a long time ago.

And the ick factor is increased by the NCAA, who, whether in ignorance or complicity, sign off and profit from the games while prohibiting those who likenesses are being used from seeing a cut.

Maybe future titles can go the game show route: institute a licensing fee in which the funds go to a charity of the athlete’s choice.

By obonicus at 12:18 PM ON 07/06/09

Oh, come on. It's not like anyone cares about Hockey in the US.

By Old Glory at 12:44 PM ON 07/06/09

My brother played college football for 4 years, and I gladly bought NCAA football to have my brother's likeness in a game. My brother and the other players on the team were all quite accurate. There was little doubt in my mind who they were. I like that, and I know they did. I'm sure other college fans loved it as well. For smaller school players, its a badge of honor to be in the game. "If it's in the game, IT'S IN the Game" is their motto, after all.

I remember many sports games over the years, especially those from EA datamining past seasons, having tons of accurate stats, accurate info, and also rating players on what EA thought they could do. It helped me memorize a teams roster so I was more knowledgeable about the sport in general. On Sport Center, I remember a guy said he used EA's NHL to plan how he'd attack a certain goalie. I read an article a few years back that EA studies thousands of hours of sports films for their data, as well as additional media so that the licensed material is as accurate as possible. I am OK with the NCAA making some licensed money from the game because much of that money goes back to scholarships and facilities. Usually a big ticket sport subsidizes other programs. I know that it isn't always that altruistic though. What the NCAA has established for itself are some double standards for how it can use money and how athletes can use money. Star schools and star athletes are given a lot of leeway when it comes to money. The NCAA is a marketing juggernaut, and this system works wonders for them. Its not something I expect to change unless they revamp all of their polices from the ground up.

The tricky thing for the athletes are the NCAA rules. Most athletes can't have a job because in many cases it's too easy to give out a job that is considered an abuse of some sort (favoritism, job in name only, booster favors, etc). I knew enough athletes when I was in college myself to know some of them had more money than a jobless student should. Some sort of "profit share" back to the individual athletes is unlikely. They have many many many years of people to send money to. NCAA football is about 10x broader than the NFL so the number of players is immense, but I'd bet money that EA has all those players names still.

Sorry for the length of this, years worth of pent-up observations.

By KeysE2S at 12:44 PM ON 07/06/09

The NCAA is a joke. The whole reason they exist is to prevent certain schools from attracting talent based on financial rewards. Why not just introduce a salary cap/floor like the NFL? Does anyone really think that Div 1A is a level playing field? The only thing that the status quo does is line the univeristies' pockets at the expense of the players.

By Ben Abraham at 12:24 AM ON 07/07/09

Woah! Is that sum sweet new Basketball game?

By Ginger Yellow at 7:32 AM ON 07/07/09

"Are college athletes getting ripped off by videogames?"

Surely the real question is whether college athletes - at least in the moneyspinngin sports - are getting ripped off by their colleges.

By gamegrump at 5:03 PM ON 07/07/09

I scrutinized the NY Times pics that they printed in the paper. Thing is, the players don't actually LOOK LIKE their counterparts. The skin color (black, white), jersey number and color, and numeric stats (weight, etc) match up... is that enough to scream "likeness rights?" The jerseys and colors are licensed, the other traits are obviously meant to 'match up' but are comfortably 'not quite.' Note: all of the FACES are generic and identical. I think EA will have firm legal footing on this one.

By annette at 5:58 PM ON 11/09/09

this was great


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