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|| SportsShooter.com: Member Message Board
The NCAA said what?
Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 5:20 PM on 09.28.09 |
->> I'm glad I wasn't eating breakfast when I read this. If I had, I would have spewed oatmeal out of my ears.
Retired NFL players seek to join Electronic Arts lawsuit
http://www.mercurynews.com/twitter/ci_13438588?source=rss&nclick_check=1
The killer line for me was, "EA and the NCAA argue they have a free speech right to use the images..."
The NCAA playing the free speech card? Are they kidding? The pool of irony is clotting on the floor as a write this.
--Mark |
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Jeff Martin, Photographer
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wellington | OH | usa | Posted: 6:04 PM on 09.28.09 |
->> "The pool of irony is clotting on the floor as a write this."
Mark, that's no a bad line. |
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Bradly J. Boner, Photographer, Photo Editor
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Jackson | WY | USA | Posted: 6:50 PM on 09.28.09 |
| ->> Mark - Sounds like great column fodder... Hope to read your full take on this one soon! |
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Alan Look, Photographer
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Bloomington | IL | United States | Posted: 8:59 PM on 09.28.09 |
->> I think the NCAA needs to attend an institution of higher education and learn what free speech means - or maybe I'm the one mixed up again.
In a (very small) nutshell, isn't the Freedom of Speech supposed to give us the ability to voice our opinion (within reason - doesn't give one the right to slander, etc - anyone) and not have to worry about being arrested for it. |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 1:13 AM on 09.29.09 |
| ->> Time for us all to open up Zazzle stores and start selling NCAA logo schwag and call it "free speech". |
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Derick Hingle, Photographer
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Hammond | LA | USA | Posted: 1:08 PM on 09.29.09 |
| ->> I will say I don't think likeness qualifies as a person's height, weight, skin color and jersey number, the games don't use the players names and don't create a likeness of their faces. The game companies have contracts with the NCAA for past stats, so showing the league rushing leader in 1989 is Lions running back #20 doesn't mean they used his likeness, same with the NCAA games that feature every NCAA player number corresponding with their jersey number and physical attributes does not create a likeness, the names and faces are left out, there are about 30 generic faces in the game, no real life likeness to any one athlete other than the jersey number corresponds to an existing player. The NCAA sells #15 jersey's for Florida but they don't read Tebow the jersey number does not equal the likeness and I think this case likely will get thrown out in my opinion. |
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Landon Finch, Photographer
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Colorado Springs | CO | USA | Posted: 2:00 PM on 09.29.09 |
| ->> As Derick points out, the word "images" *as used in this article* would actually mean "likeness," not an actual photograph/image of the athlete. |
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Will Schneekloth, Student/Intern, Photographer
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New Brunswick | NJ | USA | Posted: 10:06 PM on 09.29.09 |
| ->> I believe the suit also pertains to the game using photos of former college players as backgrounds for loading screens and game menus. Can that be considered correct use of photos for editorial, non-commercial image uses, as most NCAA schools' credentials outline? |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 11:26 PM on 09.29.09 |
->> There is no editorial use in a video game. It's all commercial.
--Mark |
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Darren Whitley, Photographer
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Maryville | MO | USA | Posted: 12:12 AM on 09.30.09 |
| ->> The real question is, "what is likeness?" If the athletes establish that likeness is their athletic ability, position and an assigned number, then they could have a case. Perhaps the sideline photographers should sue for use of their likenesses used in the game as well. JK! |
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Chuck Steenburgh, Photographer
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Lexington | VA | USA | Posted: 2:26 PM on 09.30.09 |
| ->> The NCAA is being perfectly consistent here. Their goal is to make and/or keep as much money as possible. Money is #1 for the NCAA in recent years, they are simply being true to their unofficial mission. |
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