In the above video, taken from the official YouTube channel of EA Sports, a quarterback for Oklahoma who wears No. 14 is referred to as a "Heisman winner." EA Sports and the NCAA would try to tell you -- with a straight face -- that they're not cashing in on the name and likeness of Sam Bradford, the Heisman Trophy-winning quarterback who wears No. 14 for Oklahoma. Sam Keller is calling their bluff.
Keller, a former quarterback at both Arizona State and Nebraska, is suing EA and the NCAA over the use of players' names and likenesses in EA video games. Whether the courts eventually rule in Keller's favor or not, there's no question that Keller is right about the simple fact that EA and the NCAA make big money off college players' images, without the players getting a dime.
EA and the NCAA seem to think they're complying with the letter of the law by not including players' names in video games. But the truth is, every college football or basketball fan can easily identify all the players in the EA NCAA games. As Keller's lawsuit says:
"With rare exception, virtually every real-life Division I football or basketball player in the NCAA has a corresponding player in Electronic Arts' games with the same jersey number, and virtually identical height, weight, build, and home state. In addition, Electronic Arts matches the player's skin tone, hair color, and often even a player's hair style."Darren Rovell of CNBC reports that the players in the game are so similar to the players in real life that no one could possibly say with a straight face that EA and the NCAA aren't using the athletes' images. Take the case of Kent State running back Eugene Jarvis:
Jarvis is 5-foot-5, weighs 170 pounds, wears number six and is a redshirt junior from Pennsylvania. In EA's NCAA 2009, the Kent State running back is 5-foot-5, weighs 170 pounds, wears number 6 and is a redshirt junior from Pennsylvania.Reading that description, does anyone doubt that EA and the NCAA are making money off Jarvis's image? If not, why shouldn't EA and the NCAA have to compensate Jarvis, the way pro athletes are compensated when they appear in video games?
Keller's class-action lawsuit aims to get a satisfactory answer to that question. If you're in favor of fairness, you should be in favor of EA and the NCAA having to share the video game proceeds with the players.
Reader Comments (Page 1 of 1)
5-07-2009 @ 8:56AM
mike said...
I hope this class action forces EA to pay millions. This is a total rip-off to the players, just like everything the NCAA does.
Reply
5-07-2009 @ 10:21AM
titanfanru said...
Sounds to me like Keller is Mad that He SUCKS!!! And No one wants to play HIM!!! .. Cry Baby!!!!
Reply
5-07-2009 @ 10:57AM
kabukifantasy said...
It's not just video games...Its jersey sales, TV contact money, you name it. The NCAA has been filling its coffers on the backs of young men for far too long. Its just not right.
Reply
5-07-2009 @ 10:58AM
Ibarra30 said...
titanfanru your just a dumbass... everyone knows that the NCAA and EA sports makes millions off college athletes, why should they get to make all the money using their image and not see a dime. you should think before you make a dumb comment like that, what if it was tebow making this case would he be a cry baby too.. I dont think so.
Reply
5-07-2009 @ 11:57AM
John Spehn said...
If this law suit goes through, and EA is forced to compensate athletes, would everyone still be for it if the cost gets pushed onto us? We don't buy the games because Sam Bradford is quarterback, I believe we buy them because our alma mater is there. Or because we love the rivarlies and stadiums.
Another point here is that most of us buying these games do so every year or every other year. So your not buying them because of the players. It's for the college experience.
Lastly, if EA is forced to compensate these players or not, what's stopping gamers like me from customizing all the rosters and names so they fit the real life athlete. There are companies ran from dorm rooms that allow you to download data onto a memory stick, plug into your PS3 and upload all the rosters and information. Will that become illegal too?
Reply
5-07-2009 @ 1:21PM
DustyH34 said...
Come on now. These players are loving it. People wearing their jerseys, they are in video games, they are studs and get treated like celebs everywhere they go..Poor babies..If they are smart and work hard they will make millions later..and I am supposed to feel sorry for them?
Reply
5-07-2009 @ 12:35PM
steve said...
hey I'm not one of the idiots who runs out to buy the same game every year just because its the new version. Its not Keller's fault that you keep giving EA your money for the same product.
I applaud someone stepping up to the NCAA. The ncaaa shouldn't even exist beyond a structure for eligibility rules. There should be no NCAA licensing department. They violate their own mission statement of trying to keep college ahtletes amateur athletes.
Reply
5-07-2009 @ 3:08PM
GoBlue80 said...
Well if that is the case, I guess they should take all college sports off of any medium that has anything to do with them. That would include bowl games since they make money off them. And you shouldn't be able to buy jerseys with numbers on them. I mean come on the NCAA makes money off all the college sports. And has been for many years and so far no complaints. He is just looking to get paid instead of believing in the truth that he wasn't that good. And should just go out and get a job.
Reply
5-07-2009 @ 11:14PM
Texaschampion said...
Keller should stop complaining, he and anyone else should feel honored to be in the video game. Myself as a person who loves the game also loves how realistic it is. The players are all getting free publicity from having looks alikes in the game. Why has it no been complained about until now when some guy who's career didn't pan out and feels like he should get something. I beat if a poll was taken 90% percent of the players would say they are humbled by it just take Keller out and let him stop complaining. Stop trying to ruin it for everyone else.
Reply
5-08-2009 @ 1:28PM
anthony said...
Steve,
your an effing idiot. People all around the world buy this game. Keller needs to grow a pair, and face the facts that he sucks. I think if this stupid thing goes through, then every company needs to do it.
Hell, people buy New Cars at higher prices. Why is a brand new 2007 car and the same model with a 2008 placed on it cost more? He newer the better my friend.
Ford should charge
For a Red basic Ford Fusion
50,000 for the Ford name
The owner of the color red charges 40,000
Owner of the rubber product charges 30,000
Oh you used metal that is another 50,000
and about 200,000 for stuff you might have forgotten about.
that will be about 370,000 for your basic Ford Fusion
Keller is an idiot. I hope this fails big time, so once again he can be a loser. Something he will always be. How about being a real man and finding a job, instead of harping on other people because you are a lazy as$.
Don't get mad at the world because you Suck.
Reply
8-01-2009 @ 6:45PM
contro2ny said...
He Just pissed off because he sucks and he didn't get drafted in nfl and He now in AFL with the other Pussy.And need money for his golddigging bitch of a girl for she can stay with his loser ass.
Reply