May 31, 2014, 1:10 PM EDT
Video game manufacturer and NCAA licensing partner EA Sports has reached a $40 million settlement with college football and basketball players for improperly using the likenesses of athletes, according to a report from ESPN.com‘s Tom Farrey.
The settlement was reached with a federal court in Oakland, California on Friday night and it leaves the NCAA alone to defend itself in the upcoming antitrust trial spearheaded by former UCLA basketball star Ed O’Bannon.
The settlement could deliver up to $4,000 to as many as 100,000 current and former NCAA athletes who appeared in EA Sports college basketball and college football video games since 2003.
“I’m thrilled that for the first time in the history of college sports, athletes will get compensated for their performance,” said Steve Berman, co-lead counsel for the plaintiffs to Farrey. “It’s pretty groundbreaking.”
Berman represents former Nebraska and Arizona State quarterback Sam Keller and 77 percent of this latest proposed settlement would go to players represented by Berman. O’Bannon’s class of players would receive 12 percent of the settlement while former Rutgets football player Ryan Hart and former West Virginia football player Shawne Alston would receive the final 10 percent for their group of players.
O’Bannon, Keller, Hart, Alston and all other named plaintiffs will also receive payments between $2,500 and $15,000 for their time and efforts in representing the classes in the case.
The settlement still needs approval from U.S. District Court Judge Claudia Wilken, and if it is approved, the lawyers in the case will receive up to one-third of the settlement funds, or $13.2 million, plus a maximum of $2.5 million in legal fees.
If Wilken approves, former players in EA Sports video games since 2003 will be alerted to the availability of payments and will need to register to collect. Each player will use a formula based on how many years they appeared on rosters in EA Sports video games. Lawyers representing to plaintiffs estimate that there are approximately 140,000 to 200,000 annual roster appearances in all three classes.
Some current college athletes would also be due compensation under this proposed settlement and the legal outcome creates a new dilemma in the NCAA’s quest to keep athletes from profiting from the use of their images as athletes.
An agreement in principle happened last September through Electronic Arts and the Collegiate Licensing Corporation, but issues held up the proposed settlement. The NCAA objected to their co-defendants leaving and the lawyers representing the three different classes of players couldn’t agree on the financial aspect.
In September of 2013, EA Sports announced that it’s college football series would be placed on hiatus with no new game coming in 2014 while EA hasn’t made a college basketball video game since NCAA Basketball 2010.
This is a landmark settlement as college athletes look like they’ll finally claim some money for their NCAA likenesses appearing in video games and it sets up an interesting court battle between O’Bannon and the NCAA in the upcoming antitrust lawsuit that is scheduled to begin on June 9th.
Jul 4, 2015, 11:00 AM EDT
Kansas won its debut overseas this summer as Wayne Selden had a big outing.
Jul 4, 2015, 9:05 AM EDT
UConn landed a quality guard in the Class of 2016.
Jul 4, 2015, 8:00 AM EDT
Given Oregon’s many perimeter options, minutes were likely to be at a premium for Rorie in 2015-16.
Jul 3, 2015, 11:00 PM EDT
The top four players remain the same.
Jul 3, 2015, 9:19 PM EDT
The redshirt junior has not played since January 2014.
Jul 3, 2015, 7:30 PM EDT
The rising sophomore was originally being blocked from transferring to 55 schools.
Jul 3, 2015, 6:08 PM EDT
Ohio State begins its 2017 class with a local product.
Jul 3, 2015, 4:30 PM EDT
Jalen Brunson led USA Basketball with 17 points.
Jul 3, 2015, 2:10 PM EDT
A lot of unranked players made their way into the top five in a surprisingly deep class.
Jul 3, 2015, 1:40 PM EDT
Jalen Brunson led four Americans in double figures with 17 points.
Jul 3, 2015, 11:30 AM EDT
Minnesota is one of four schools the 6-foot-10 center is reportedly considering.
Jul 3, 2015, 10:00 AM EDT
The lone school to host the Georgia native on an official visit is considered to be the favorite in this recruiting race.
Jul 2, 2015, 7:40 PM EDT
Oregon still has a date to fill (December 29), which the school expects to be filled by an in-state opponent.
Jul 2, 2015, 4:30 PM EDT
This is nasty.
Jul 2, 2015, 3:45 PM EDT
The Class of 2007 produced some very good players, including one who’s an NBA MVP and others who have developed into perennial all-stars.
Jul 2, 2015, 2:53 PM EDT
I’m a big fan of these, particularly the dark grey ones.
Jul 2, 2015, 12:43 PM EDT
Cell phone addiction is a national crisis.
Jul 2, 2015, 12:17 PM EDT
Can anyone guess what that moment is?
Jul 2, 2015, 10:09 AM EDT
This is something else.
- Re-ranking the recruiting classes: Who are the 25 best players in the Class of 2008? 1
- Re-ranking the recruiting classes: Who are the 25 best players in the Class of 2007? 0
- Re-ranking the recruiting classes: Who are the 25 best players from the Class of 2006? 0
- Re-ranking recruiting classes: Who are the 25 best players from the Class of 2005? 1
- Re-ranking recruiting classes: Who are the 25 best players from the Class of 2004? 2
- Bo Ryan to retire from Wisconsin after next season 4
- Who are the names to watch for the 2016 NBA Draft? 2
- Bo Ryan to retire from Wisconsin after next season (4)
- South Carolina coach Frank Martin releases statement, asks for confederate flag removal (3)
- UCLA lands four-star center, second 2017 commitment (3)
- So what happened to the chair Bobby Knight threw in 1985? (3)
- Flooding from storm damages Denver’s practice floor (PHOTOS) (3)