Ed O'Bannon Sues Over Likenesses

[zooropa]

http://latimesblogs.latimes.com/spor...-the-ncaa.html

This seems, potentially, to be a big issue.

A court could find that students are coerced into signing away rights that exist long after they graduate, depending on the relative skill of the attorneys involved.

What's at issue is not -that- the releases are signed, but whether those releases are enforceable.

Background reading:

http://en.wikipedia.org/wiki/Personality_rights
http://en.wikipedia.org/wiki/Duress_(contract_law)#Economic_duress

I'd love to hear Pat Lyons' comments on this, as the argument advanced is economic duress--one of the more interesting reasons for invalidating a portion of a contract

[filbert]

Re: Ed O'Bannon Sues Over Likenesses

http://www.cstv.com/sports/c-rifle/s...041807aaa.html

This seems, potentially, to be a big issue.

A court could find that students are coerced into signing away rights that exist long after they graduate, depending on the relative skill of the attorneys involved.

What's at issue is not -that- the releases are signed, but whether those releases are enforceable.

Background reading:

http://en.wikipedia.org/wiki/Personality_rights
http://en.wikipedia.org/wiki/Duress_(contract_law)#Economic_duress

I'd love to hear Pat Lyons' comments on this, as the argument advanced is economic duress--one of the more interesting reasons for invalidating a portion of a contract

incorrect linky #1?

[mango4]

Re: Ed O'Bannon Sues Over Likenesses

incorrect linky #1?

You don't want to read about UMKC dropping Co-Ed rifle?

[zooropa]

Re: Ed O'Bannon Sues Over Likenesses

fixed it...

Also a straight news piece:

http://sports.espn.go.com/ncb/news/story?id=4346470

[1stRowFANatic]

Re: Ed O'Bannon Sues Over Likenesses

OK get ready for the qualifiers: I have never watched or played any of the computer games, have only heard a brief discussion on the radio in which I missed about half of the interview, and have done no research on the matter.

That being said, it is my understanding the primary target of the lawsuit are the very popular EA games. I also understand that the games themselves do not contain any identifying information regarding individual players. There are ways to add identifying information to the games, but it is my understanding that this is done with software from other vendors that "hack" the EA software. I also understand this is a violation of the terms of service agreement or whatever you call it now that you agree to before using any software.

I am wondering if the lawsuit should be against the 3rd party vendors, but that is not where the money is. THe more I think about it the more questions keep popping up in my mind; this could be very interesting.

[zooropa]

Re: Ed O'Bannon Sues Over Likenesses

O'Bannon's lawsuit is more concerned with, for instance, rebroadcast '95 title game, or the sale of photos from the game.

In the real world, you need subject permission to sell photos containing images of people; but in the NCAA world, student athletes have no control over distribution of their likeness.

If you buy a copy of THIS poster:



Michael Jordan gets a check

If you buy a copy of THIS poster:



He doesn't.

Does that make any sense to you?