Sam Keller files lawsuit against EA sports and the NCAA

[HuskerJen]

due to my secondary profession (web designer), I've taken plenty of copyright/patent classes. He has no case here. As a public figure you have no right to your own image unless it is used as a means for making money for yourself (a model, or someone who signs their body rights away, like tiger woods). He has no such contract, and put himself forward as a public figure. no case my man.

I agree Sam Kellar has no case because his "image" on NCAA College Football isn't an exact likeness...it's more of a general template.

However, in your post what I've put into bold is 100% wrong...

Public figures, celebrities, absolutely have the right to protect their name, image, voice, etc from unathorized use regardless if there is money involved or not.

The Right of Publicity
The law has developed in tandem with the growth of the commercial value of the fame (sometimes notoriety) and identity of celebrities. The right of publicity makes it unlawful to use another's identity for commercial advantage without permission...The right of publicity has its origins in privacy doctrine. Currently, under statutory and/or common law, the right of publicity is recognized in at least 25 states. In California, the right of publicity is protected both by statute for "name, voice, signature, photograph or likeness" (Civil Code § 3344) and, more generally, at common law. California, as well as some other states, also provides that the right of publicity is descendible for a period of 50 years after death (Civil Code § 990).

Right of Publicity

Now the main exceptions to this rule are: spoofs/parodies, commentary/criticism, of a public figure/celebrity. Read all about fair use here --->Fair Use

 

[Pedro Guerrero]

Keller’s Arizona-based lawyer, Rob Carey, told the Journal Star on Thursday that the 24-year-old is not looking for compensation.

http://www.huskerextra.com/articles/2009/0...b4749783499.txt

Powers said he thinks Keller has a strong case, and wouldn’t be surprised if there’s ultimately a settlement out of court.
“You have to put it in context,” Powers said. “Division I student-athletes are in many ways revenue producers. So if (Keller) can’t profit off his own image, why would someone else be able to do that? ... The bottom line is the only people who should make money off your likeness is you.”

I find it humorous that there have been plenty of lawyers that say he has a case, yet the internet “experts” on here say he doesn’t. Which I believe stems from either these people don’t like Keller or they are gamers worried that “what’s in the game” won’t be in the game anymore.

 

[RedDenver]

I agree Sam Kellar has no case because his "image" on NCAA College Football isn't an exact likeness...it's more of a general template.

However, in your post what I've put into bold is 100% wrong...

Public figures, celebrities, absolutely have the right to protect their name, image, voice, etc from unathorized use regardless if there is money involved or not.

The Right of Publicity
The law has developed in tandem with the growth of the commercial value of the fame (sometimes notoriety) and identity of celebrities. The right of publicity makes it unlawful to use another's identity for commercial advantage without permission...The right of publicity has its origins in privacy doctrine. Currently, under statutory and/or common law, the right of publicity is recognized in at least 25 states. In California, the right of publicity is protected both by statute for "name, voice, signature, photograph or likeness" (Civil Code § 3344) and, more generally, at common law. California, as well as some other states, also provides that the right of publicity is descendible for a period of 50 years after death (Civil Code § 990).

Right of Publicity

Now the main exceptions to this rule are: spoofs/parodies, commentary/criticism, of a public figure/celebrity. Read all about fair use here --->Fair Use

Keller isn't saying that they are using his image, but that they are using his likeness. IMO, they are most definitely using his likeness seeing as how they have his exact height, weight, uniform number, and hometown.

 

[HuskerJen]

Keller’s Arizona-based lawyer, Rob Carey, told the Journal Star on Thursday that the 24-year-old is not looking for compensation.

http://www.huskerextra.com/articles/2009/0...b4749783499.txt

Powers said he thinks Keller has a strong case, and wouldn’t be surprised if there’s ultimately a settlement out of court.
“You have to put it in context,” Powers said. “Division I student-athletes are in many ways revenue producers. So if (Keller) can’t profit off his own image, why would someone else be able to do that? ... The bottom line is the only people who should make money off your likeness is you.”

I find it humorous that there have been plenty of lawyers that say he has a case, yet the internet “experts” on here say he doesn’t. Which I believe stems from either these people don’t like Keller or they are gamers worried that “what’s in the game” won’t be in the game anymore.

Well of course real lawyers are going to say he has a case because they get paid whether the lawsuit is legitimate, trivial or absurd. Or wait, maybe in this instance Keller's lawyer is working for free.

:laughpound

 

[Pedro Guerrero]

Well of course real lawyers are going to say he has a case because they get paid whether the lawsuit is legitimate, trivial or absurd. Or wait, maybe in this instance Keller's lawyer is working for free.

It isn’t just his lawyers that are saying he has a case. The guy quoted above is a lawyer from Lincoln who has nothing to do with the case.

 

[husker rob]

i dont understand all of the hostility about this lawsuit. was there such hatred of Jarvis Redwine back in 1981 when he sued the Omaha based company for the posters they were selling with his likeness on them? (look on LJS blogs for today)

dont hate Sam now for the sins of Callahan. All Sam did was go out and do what the head coach asked him to do. If I wasnt so damn lazy i would research all of the posts that were on here about how everyone thought that Sam was so much better than Ganz and he was the going to be the savior.

In my mind Sam came to NU, gave it his all, and will always be a Husker, but it came at a bad time in Husker history that i would now like to be able to forget.

dont hate the player, but hate on the decision makers at the time all you want. it is painfully obvious that the wrong decisions were made

 

[HuskerJen]

Well of course real lawyers are going to say he has a case because they get paid whether the lawsuit is legitimate, trivial or absurd. Or wait, maybe in this instance Keller's lawyer is working for free.

It isn’t just his lawyers that are saying he has a case. The guy quoted above is a lawyer from Lincoln who has nothing to do with the case.

The first part of my comment was directed at all lawyers. Another factor in this melodrama is maintaining a certain level of professional courtesy. In most instances, exceptions duly noted, lawyers, and doctors as well, tend not to openly criticize their colleagues whether they know them or not.

The second part of my comment was directed specifically at the lawyer representing Keller. Of course he thinks Keller has a case because, as I stated earlier, he's being compensated and it doesn't matter if the case is legitimate, trivial or absurd.

 

[Husker_x]

i dont understand all of the hostility about this lawsuit. was there such hatred of Jarvis Redwine back in 1981 when he sued the Omaha based company for the posters they were selling with his likeness on them? (look on LJS blogs for today)

dont hate Sam now for the sins of Callahan. All Sam did was go out and do what the head coach asked him to do. If I wasnt so damn lazy i would research all of the posts that were on here about how everyone thought that Sam was so much better than Ganz and he was the going to be the savior.

In my mind Sam came to NU, gave it his all, and will always be a Husker, but it came at a bad time in Husker history that i would now like to be able to forget.

dont hate the player, but hate on the decision makers at the time all you want. it is painfully obvious that the wrong decisions were made

That was pre-interweb machine my friend. I can tell you that I wasn't too pissed off about it, though, because I hadn't even made my grand entrance into the world at that point.

 

[HuskerJen]

i dont understand all of the hostility about this lawsuit.

Because it's a stupid and trivial lawsuit that only further bogs our already over-burdened legal system.

I like Sam Keller. I think he's a great guy. He came here, played one season for our previous moron, I mean head coach and always stayed positive.

But this lawsuit is flat out ridiculous.

 

[husker rob]

i dont understand all of the hostility about this lawsuit.

Because it's a stupid and trivial lawsuit that only further bogs our already over-burdened legal system.

I like Sam Keller. I think he's a great guy. He came here, played one season for our previous moron, I mean head coach and always stayed positive.

But this lawsuit is flat out ridiculous.

so instead of hating on Sam, then we really need to go after the lawyers (AR) because they are the ones that really make out on a class action lawsuit anyway.

we live in a "I'll Sue" society, dont blame the legal system being slow and bogged down on this lawsuit, blame the guy that sued the maker of Preparation H because the directions didnt tell him to NOT take it orally and cause his throat to close and almost died because he couldnt breath.

or grandma who sued McDonalds for not labeling their coffee cups that contents were "HOT" and got her snatch burned

Damn you AR Damn you.............please dont double your fees for the advice you gave me about the ex

 

[holvy83]

:blink:

 

[shyndy]

Keller’s Arizona-based lawyer, Rob Carey, told the Journal Star on Thursday that the 24-year-old is not looking for compensation.

http://www.huskerextra.com/articles/2009/0...b4749783499.txt

Powers said he thinks Keller has a strong case, and wouldn’t be surprised if there’s ultimately a settlement out of court.
“You have to put it in context,” Powers said. “Division I student-athletes are in many ways revenue producers. So if (Keller) can’t profit off his own image, why would someone else be able to do that? ... The bottom line is the only people who should make money off your likeness is you.”

I find it humorous that there have been plenty of lawyers that say he has a case, yet the internet “experts” on here say he doesn’t. Which I believe stems from either these people don’t like Keller or they are gamers worried that “what’s in the game” won’t be in the game anymore.

like i said, the worst that will happen is random stats/ character templates. Then people will just modify the rosters to have appropriate stats and appearances. yes, this will be a longer process than the roster naming that goes on now, but don't underestimate the manpower people are willing to put into "modding" video games. Worse case scenario has little to no effect on the game imo.

 

[AR Husker Fan]

***SNIP***
Damn you AR Damn you.............please dont double your fees for the advice you gave me about the ex

Far, far too late for that, buddy!!!

 

[T_O_Bull]

Sam's suit is getting talk time on PTI.

The suit is class action and involves all college football players.

Good for Sam.

T_O_B

 

[lilred]

Sam's suit is getting talk time on PTI.

The suit is class action and involves all college football players.

Good for Sam.

T_O_B

I agree