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Old 10-04-2013, 08:13 PM  
Rain Man Rain Man is offline
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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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Old 10-04-2013, 08:18 PM   #2
KC Tattoo KC Tattoo is online now
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They got payed to play a game and under contract with NFL so unless it was stipulated in the contract then they are rights of the NFL.
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Old 10-04-2013, 08:19 PM   #3
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Old 10-04-2013, 08:25 PM   #4
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I'm so ****ing sick of people opening lawsuits against anyone they can in order to get some easy money.
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Old 10-04-2013, 08:26 PM   #5
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Old 10-04-2013, 08:40 PM   #6
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I guarantee that moving forward, anyone that signs an NFL contract gives up their image and likeness in perpetuity to the NFL, who will use it as they please.

NFL players aren't part of SAG or the Director's Guild or Producer's Guild. They're not entitled to residuals when their games are broadcast.

Now, in 2021, that might be a bone of contention for the NFLPA due to various media avenues but I'd venture to guess they won't get those rights until 2030 at the earliest.
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Old 10-04-2013, 08:55 PM   #7
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Quote:
Originally Posted by Rain Man View Post
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?
There's a lot of info I don't know here--players from what era? What was in their contracts? How are the names/likenesses/images being used?

I guess I might have a little sympathy for players of certain era who really had no way of knowing how their names and likenesses may be used years later. At some point in time, neither side could have envisioned DVDs, video games, 24-hour sports channels, an NFL channel and all the other ways the NFL generates revenue from the old-timers. Yet, only the NFL gains the benefit of the previously-unknown revenue streams.

Need more info to have a better opinion on it, but I can see the potential for unfairness here.
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Old 10-04-2013, 09:07 PM   #8
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Originally Posted by DaneMcCloud View Post
I guarantee that moving forward, anyone that signs an NFL contract gives up their image and likeness in perpetuity to the NFL, who will use it as they please.

NFL players aren't part of SAG or the Director's Guild or Producer's Guild. They're not entitled to residuals when their games are broadcast.

Now, in 2021, that might be a bone of contention for the NFLPA due to various media avenues but I'd venture to guess they won't get those rights until 2030 at the earliest.
NFL as in the Shield or NFL as in all 32 franchises?
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Old 10-04-2013, 09:53 PM   #9
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Old 10-05-2013, 04:57 AM   #10
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I feel like memorabilia is in bounds. Highlight reels is probably a little silly.
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