NCAA Football 14 News Post

The NCAA Settles Video Game Lawsuit For $20 Million

12:55 PM - June 9, 2014 by RaychelSnr

The NCAA announced today it has settled the video games likenesses case brought upon by Sam Keller for $20 million. This is in addition to the $40 million EA and the CLC have agreed to pay to student athletes at certain schools who's likenesses were used without compensation.

“With the games no longer in production and the plaintiffs settling their claims with EA and the Collegiate Licensing Company, the NCAA viewed a settlement now as an appropriate opportunity to provide complete closure to the video game plaintiffs,” said NCAA Chief Legal Officer Donald Remy.

The complete details of the settlement remain to be finalized and this news also includes that the NCAA has removed their legal grievances against EA and the CLC as well.

Now that all of the video game likeness cases have been settled, for a college game to exist in the future the NCAA rules and bylaws will have to be rewritten to allow for student-athletes to receive compensation for their likenesses being used by partners.

At this time that is something which is being worked on by the major conferences, and it's possible the legal structures could exist in the future for a return of college sport video games. We'll be watching the developments closely!

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Member Comments

# 1 Shakes @ 06/09/14 01:08 PM

I sure hope this goes for an NCAA basketball game as well. We really need one of those badly I feel.

# 2 BadAssHskr @ 06/09/14 01:17 PM

but for the time being, strip out ncaa 14, port it over to the new consoles and make some side cash with the generic football game.

thanks.

# 3 kingdevin @ 06/09/14 01:56 PM

Why not make an NCAA game with generic names and plyers and allow customization of attributes for those that wish to do it

Sent from my iPhone using Tapatalk

# 4 kingsofthevalley @ 06/09/14 03:50 PM

I have a strange feeling that EA Sports NCAA will be back soon.

# 5 Iceman87GT @ 06/09/14 04:00 PM

I just wish they would have stuck with the game for this year and then had that groundwork developed for when they would be able to have actual players etc.

Heck I'd be happy with NCAA 15 being an upgraded port of NCAA 14 with updated uniforms (I'd even settle for no upgrade in the graphics if I could play it on my PS4).

I would love it if the rumors about 2K scanning players had to do with an All-Pro Football type game but with the NCAA, because that would be perfect if we could share rosters and there was an in-depth dynasty mode. I doubt they would throw resources towards something like that, but its not impossible (hey, it could happen).

# 6 OReilly10 @ 06/09/14 04:39 PM

This was settled fairly quickly, at least in terms of what it could have been...

So I actually do have hope we could see an NCAA '16 or a '17. This is coming from zero hope 2 weeks ago.

# 7 DorianDonP @ 06/09/14 05:08 PM

Quote:

Originally Posted by Iceman87GT


	I just wish they would have stuck with the game for this year and then had that groundwork developed for when they would be able to have actual players etc. Heck I'd be happy with NCAA 15 being an upgraded port of NCAA 14 with updated uniforms (I'd even settle for no upgrade in the graphics if I could play it on my PS4). I would love it if the rumors about 2K scanning players had to do with an All-Pro Football type game but with the NCAA, because that would be perfect if we could share rosters and there was an in-depth dynasty mode. I doubt they would throw resources towards something like that, but its not impossible (hey, it could happen).

I just don't think they could because conferences and teams were dropping out.

# 8 Gramps91 @ 06/09/14 05:34 PM

Let's hope we get college sports games back. Would be so hyped for a new College Basketball game.

# 9 Iceman87GT @ 06/09/14 05:40 PM

Quote:

Originally Posted by DorianDonP


	I just don't think they could because conferences and teams were dropping out.

1 team that I don't think was ever named but was believed to be Ohio State dropped out, and the Pac-12 and B1G also withdrew (the SEC wanted to withdraw their licensing but their contract prevented them from doing so for the '15 version of the game, they would have been gone the following year).

I get why they killed it (a lot of money to invest in developing a game that would have to be shelved after only 1 year, plus they were without 2 conferences and 1 major team) I just wish they hadn't of done so.

# 10 RaychelSnr @ 06/09/14 07:07 PM

Quote:

Originally Posted by Iceman87GT


	1 team that I don't think was ever named but was believed to be Ohio State dropped out, and the Pac-12 and B1G also withdrew (the SEC wanted to withdraw their licensing but their contract prevented them from doing so for the '15 version of the game, they would have been gone the following year). I get why they killed it (a lot of money to invest in developing a game that would have to be shelved after only 1 year, plus they were without 2 conferences and 1 major team) I just wish they hadn't of done so.

The big thing is, those conferences/schools were dropping out due to legal concerns. Under a theoretical framework in the future that allows for compensation for deals like this, there is no compelling reason not to participate in such a game in the future for schools. Just need the legal framework within the NCAA to allow for such a thing, which could be coming as soon as August.

# 11 BaylorBearBryant @ 06/10/14 02:27 AM

I have to think this is GREAT news if you're a fan of NCAA video games. Maybe not this year or next, but sooner rather than later.

# 12 Junior Moe @ 06/10/14 11:06 AM

Quote:

Originally Posted by BaylorBearBryant


	I have to think this is GREAT news if you're a fan of NCAA video games. Maybe not this year or next, but sooner rather than later.

This! I am cautiously optimistic that we will see a licensed college football game in the near future. The writing is on the wall for the NCAA's "amateurism" model as a whole. And I hope that whatever form of compensation the players recieve will open the door for the real players to appear in the games. That would allow us to have more authentic player ratings and better looking models. Imagine Jameis Winston or Marcus Mariota having their "gameface", authentic throwing motions, and player traits DPP, in the game and importing all of that to Madden. That would be insane.

# 13 Cam Fan @ 06/10/14 10:55 PM

Quote:

Originally Posted by Junior Moe


	This! I am cautiously optimistic that we will see a licensed college football game in the near future. The writing is on the wall for the NCAA's "amateurism" model as a whole. And I hope that whatever form of compensation the players recieve will open the door for the real players to appear in the games. That would allow us to have more authentic player ratings and better looking models. Imagine Jameis Winston or Marcus Mariota having their "gameface", authentic throwing motions, and player traits DPP, in the game and importing all of that to Madden. That would be insane.

I'm thinking along the same lines. All of the dominoes are falling to allow CFB16 to happen. You have to think that EA is planning behind the scenes. O'Bannon is GOING to change amateur rules in college sports. Everyone wins with a CFB16 being released.

# 14 DiscountCleric @ 06/11/14 05:04 PM

Don't see it happening. Even paying a pittance, that's a ton of players making that amount and it'll add up fast. The NCAA games never sold that well and I don't think the extra income from actively marketing players in the game would offset the greatly increased licensing cost.

I want it to happen, but I don't see how it makes fiscal sense.

# 15 Junior Moe @ 06/11/14 07:14 PM

Quote:

Originally Posted by DiscountCleric


	Don't see it happening. Even paying a pittance, that's a ton of players making that amount and it'll add up fast. The NCAA games never sold that well and I don't think the extra income from actively marketing players in the game would offset the greatly increased licensing cost. I want it to happen, but I don't see how it makes fiscal sense.

A lot depends on how the dust settles. Now this is pure speculation on my part but I believe that the players' "likeness", if you will, would be part of the NCAA license seeing as they will be getting compensated in some fashion by the NCAA/Schools. That could include guaranteed scholarships, a stipend, the ability to profit off of their names and whatever other arrangements they come up with.

I just don't see the NCAA paying players to play because they hold the power. They have the exposure and access. Florida State will be Florida State with or without Jameis Winston. May not be as good, but Florida State is a brand and Jameis Winston benefits from playing there just as much as Florida State does. Look at college basketball. A player doesn't have to go play in college during his year removed from high school. But the overwhelming majority go that route because of the exposure. The D-league and Europe just don't compare to March Madness.

Back to the point...A Jameis Winston could sign autographs for $1000 cash and whatever else the market will bear. The NCAA may put it in a trust or something that he will have access to once he leaves or exhaust his eligibility. In exchange, the NCAA/Schools would have control over the players image in regards to TV, Video Games, and sports "media" during their tenure at the school. The NCAA isn't the only one getting paid in this scenario. So the NCAA license could include the players as part of the package. That may make the license more expensive, but from what I understand (which is very little), the schools make a relatively small amount of money on the video game license VS the TV contracts.

# 16 Cam Fan @ 06/11/14 07:30 PM

My assertion is that any compensation for likeness will HAVE to be through the CLC (i.e., group licensing). I think both sides agree that this type of regulation is necessary. After this case is resolved, the next step is negotiation b/ EA and the CLC.

# 17 JLoco11 @ 06/12/14 05:04 PM

For those who think this settlement would lead to a quicker game, that's not exactly how it works... there are still a few more hurdles in the way that the NCAA won't budge on.

The main issue that will still keep the game off the market, is payment for current athletes, not past athletes. The NCAA conceded that likeness was used in this lawsuit, but the settlement clearly states the payment is not for performance. It's merely use of their identity in a game, under no wrong doing (big legal words for saying the NCAA doesn't admit guilt but will pay the Keller lawsuit).

O'Bannon's lawsuit is currently going on, and that's the main hurdle. That's the lawsuit that has to be settled before the games come back, and this is one that the NCAA will dig into. Keller's lawsuit was an easy fix (pay former athletes). O'Bannon's lawsuit is more complex (let current athletes get paid).

If the NCAA lost Keller's lawsuit, they could still keep their amateur rules. If they lose the O'Bannon lawsuit, they have to change all their amateur rules. NCAA doesn't want that dictated by a courtroom or lawyer.

Until this issue is settled, there won't be an NCAA game.

# 18 Cam Fan @ 06/12/14 06:06 PM

Quote:

Originally Posted by JLoco11


	For those who think this settlement would lead to a quicker game, that's not exactly how it works... there are still a few more hurdles in the way that the NCAA won't budge on. The main issue that will still keep the game off the market, is payment for current athletes, not past athletes. The NCAA conceded that likeness was used in this lawsuit, but the settlement clearly states the payment is not for performance. It's merely use of their identity in a game, under no wrong doing (big legal words for saying the NCAA doesn't admit guilt but will pay the Keller lawsuit). O'Bannon's lawsuit is currently going on, and that's the main hurdle. That's the lawsuit that has to be settled before the games come back, and this is one that the NCAA will dig into. Keller's lawsuit was an easy fix (pay former athletes). O'Bannon's lawsuit is more complex (let current athletes get paid). If the NCAA lost Keller's lawsuit, they could still keep their amateur rules. If they lose the O'Bannon lawsuit, they have to change all their amateur rules. NCAA doesn't want that dictated by a courtroom or lawyer. Until this issue is settled, there won't be an NCAA game.

From what I've read over on SI.com, the case should be over in mere weeks. Most observers know the OBannon dispute was never really about pay for performance. We will know very quickly how soon a CFB game is possible. Even if the NCAA does prevail in total (which is unlikely), the power conferences are proposing changes that will alter the landscape.

# 19 Cam Fan @ 06/12/14 10:49 PM

Keep in mind that an injunction to allow players to seek compensation (likely in the form of group licensing) is what is really at stake in this trial. If Judge Wilken rules in O'Bannon's favor (and the NCAA doesn't appeal) things will move QUICKLY with regard to EA pouncing on the opportunity to produce CFB16.

# 20 JLoco11 @ 06/13/14 03:37 PM

Quote:

Originally Posted by Cam Fan


	From what I've read over on SI.com, the case should be over in mere weeks. Most observers know the OBannon dispute was never really about pay for performance. We will know very quickly how soon a CFB game is possible. Even if the NCAA does prevail in total (which is unlikely), the power conferences are proposing changes that will alter the landscape.

Not quite sure what you're reading, but clearly it's from a sportswriter, and not a legal expert on how the proceedings of the court system actually works.

The Plaintiff's (O'Bannon) case alone is scheduled for 3 weeks of witnesses... that doesn't include the defense questioning and rebuttal witnesses. It will most likely last 8 weeks, so if that qualifies as "mere" weeks, that's still a long initial trial.

But that doesn't include the number of appeals either party would have, in particular O'Bannon if he loses. He filed in California, which means he could have the potential for 6 appeals in the state if he loses each one. The NCAA has the potential for 4 appeals if they lose. And there is no question, someone will appeal this when they lose because this is uncharted territory for sports lawsuits.

Unlike sports cases of the past (MLB baseball with free agency & collusion, NHL lockout marketing dollars), this isn't a sports lawsuit against a company. It's against an association or a membership in the NCAA. They're not a company like MLB or NFL. And in United States law, no case history has changed membership rules or membership application/eligibility requirements other than discrimination laws (which doesn't apply here).

If the court agrees with O'Bannon, this will be the first law in the country to alter a membership's eligibility rights based on money. If the court agrees with the NCAA, this will be the first ruling that states people give up their likeness rights on the basis of disclosure agreements to participate in said membership.

Either way, the ruling is going to set a legal precedent... and no legal precedent is set with just 1 court ruling. It's going to be appealed, and appealed again, and appealed again.

If the NCAA is not willing to settle with O'Bannon, this is going to be a long drawn out legal fight. They didn't mind settling with Keller, but this is the case they don't want to lose.

Now if the NCAA/major conferences change their membership laws outside of this case, that alters the legal proceedings, but look at how fast they move. How long have coaches asked for football playoff and it occurred 15 years late. How long did recruiting rules catch up to social media or food regulations. The NCAA moves sssssllllllloooooooowwwwwwww. So that's not a change that will happen immediately. Conferences & coaches want change and are threatening to secede, but not all schools are on board with the changes being presented. Big schools want change, small schools want protection.

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