Football NFL Former Player Lawsuit Over Film Rights

**Rain Man** · 10-04-2013, 08:13 PM

I don't know if we've ever talked about this, but the lawyers were running ads on NFL Network trying to get former players to join a lawsuit. I guess they wanted to get paid when the NFL used their names or likenesses or something in marketing or historical shows.

Apparently it's settled now, but what do you think of this? Should the players get residuals like actors or musicians? Or did they get paid to play the game?

I'm a little surprised that the NFLPA never negotiated something like this into the union contracts. But can you imagine the nightmare it would be logistically? Do you pay a residual to Matt Blundin every time a game is shown where he's barely visible on the sidelines? Do you pay Tom Barndt every time his name is mentioned or he actually appears on camera? Do you pay Derrick Thomas' estate when they feature him on A Football Life?

It kind of bugs me that former players would file a suit like this, because it seems like it could lead to fewer historical shows, and fewer chances to learn about football's rich and storied history. That's a very entertaining thing for me, and these guys already got paid for being on the field.

http://espn.go.com/nfl/story/_/id/97...hts-settlement

Thousands opt out of film rights case
Updated: October 4, 2013, 7:17 PM ET
Associated Press

MINNEAPOLIS -- Thousands of retired NFL players have opted out of a $50 million class-action settlement in a case that accused the league of using their names and images without their consent.

But in papers filed Friday, players' attorney Dan Gustafson said the settlement should be approved because it is "fair, reasonable, adequate and in the best interests of the class."

Gustafson wrote that more than 25,000 players -- or more than 90 percent of the settlement class -- chose to participate. Meanwhile, 2,140 players -- less than 8 percent -- asked to be excluded.

Eighteen players filed timely objections, and can argue against the settlement at a final approval hearing later this month. A 19th player filed an objection after the deadline. Some say the settlement should be rejected because it doesn't make direct payments to class members, and that it unfairly gives varying benefits to different players.

The federal class-action lawsuit was filed in 2009 in Minneapolis by Hall of Famer Elvin Bethea and five other retired players. They accused the NFL of blatantly exploiting retired players' identities in films, highlight reels and memorabilia to market the league's "glory days."

The settlement, reached in April, calls for the NFL to pay $42 million over eight years toward a trust to help retired players with issues such as medical expenses, housing and career transition. It also establishes a licensing agency for retirees to ensure compensation for the use of their identities.

A hearing to approve the settlement is scheduled for Oct. 17.

Those who chose to be excluded can pursue their own cases against the NFL in the future. But U.S. District Judge Paul Magnuson has issued an injunction barring similar lawsuits from going forward while this case is pending.

10-04-2013, 08:13 PM	Topic Starter
Rain Man NFL's #1 Ermines Fan Join Date: Jul 2001 Location: My house Casino cash: $3358491 VARSITY	NFL Former Player Lawsuit Over Film Rights I don't know if we've ever talked about this, but the lawyers were running ads on NFL Network trying to get former players to join a lawsuit. I guess they wanted to get paid when the NFL used their names or likenesses or something in marketing or historical shows. Apparently it's settled now, but what do you think of this? Should the players get residuals like actors or musicians? Or did they get paid to play the game? I'm a little surprised that the NFLPA never negotiated something like this into the union contracts. But can you imagine the nightmare it would be logistically? Do you pay a residual to Matt Blundin every time a game is shown where he's barely visible on the sidelines? Do you pay Tom Barndt every time his name is mentioned or he actually appears on camera? Do you pay Derrick Thomas' estate when they feature him on A Football Life? It kind of bugs me that former players would file a suit like this, because it seems like it could lead to fewer historical shows, and fewer chances to learn about football's rich and storied history. That's a very entertaining thing for me, and these guys already got paid for being on the field. http://espn.go.com/nfl/story/_/id/97...hts-settlement Thousands opt out of film rights case Updated: October 4, 2013, 7:17 PM ET Associated Press MINNEAPOLIS -- Thousands of retired NFL players have opted out of a $50 million class-action settlement in a case that accused the league of using their names and images without their consent. But in papers filed Friday, players' attorney Dan Gustafson said the settlement should be approved because it is "fair, reasonable, adequate and in the best interests of the class." Gustafson wrote that more than 25,000 players -- or more than 90 percent of the settlement class -- chose to participate. Meanwhile, 2,140 players -- less than 8 percent -- asked to be excluded. Eighteen players filed timely objections, and can argue against the settlement at a final approval hearing later this month. A 19th player filed an objection after the deadline. Some say the settlement should be rejected because it doesn't make direct payments to class members, and that it unfairly gives varying benefits to different players. The federal class-action lawsuit was filed in 2009 in Minneapolis by Hall of Famer Elvin Bethea and five other retired players. They accused the NFL of blatantly exploiting retired players' identities in films, highlight reels and memorabilia to market the league's "glory days." The settlement, reached in April, calls for the NFL to pay $42 million over eight years toward a trust to help retired players with issues such as medical expenses, housing and career transition. It also establishes a licensing agency for retirees to ensure compensation for the use of their identities. A hearing to approve the settlement is scheduled for Oct. 17. Those who chose to be excluded can pursue their own cases against the NFL in the future. But U.S. District Judge Paul Magnuson has issued an injunction barring similar lawsuits from going forward while this case is pending.
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