The long-running attempts by former college football players to earn a share of EAâs revenues from the NCAA series wonât just affect video games and âamateurâ athletics. It could hit music, TV, movies and comic books, too.
https://lastchance.cc/second-ncaa-star-sues-but-has-a-good-idea-5320707%3C/a%3E%3C/p%3E
EAâs lawyers state that, were courts to find that the publisher owed the players money for simply insinuating that they were present in the game (players are not named, though all stats and characteristics are based on those of the player in question), it would âseverely stifle artistic expressionâ.
âDocumentarians, biographers, filmmakers, novelists, photographers, songwriters, and many others do exactly what the district court said is not protected: they create expressive works that realistically depict individuals and/or refer to them by their actual namesâ, they told the court.
They specifically give the example of the movie Forrust Gump, saying that the filmâs use of actual persons and celebrities wouldnât have been possible if âartistsâ were not allowed to use real people in their work.
The athleteâs lawyers, meanwhile, say that NCAA Football is not âartâ at all, and is a simulation that is entirely based in â and profiting off unlicensed players existing in â reality.
Both sides have a point, and good ones at that. Which is why this has gone to court!
