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.
Apr 27, 2015, 6:08 PM EDT
Duke picked up its second major commitment in recent weeks with the addition of five-star wing Brandon Ingram.
Apr 27, 2015, 5:45 PM EDT
Here’s seven takeaways from a busy weekend at the three shoe company events.
Apr 27, 2015, 5:22 PM EDT
Brandon Ingram is a top five recruit in the class.
Apr 27, 2015, 3:37 PM EDT
Tatum might be the best player in the Class of 2016.
Apr 27, 2015, 1:50 PM EDT
It will feature a preseason top five team.
Apr 27, 2015, 12:48 PM EDT
Who were the biggest losers of the early entry deadline?
Apr 27, 2015, 12:00 PM EDT
Which potential draft picks returning to school will be the most influential in 2015-16?
Apr 27, 2015, 10:17 AM EDT
Hatch is one of the most inspirational people you will ever hear about
Apr 27, 2015, 9:00 AM EDT
The return of Buddy Hield pushes previously unranked Oklahoma into our way too early rankings.
Apr 27, 2015, 8:00 AM EDT
Who’s going pro? Who’s returning to school? Who are we still waiting to hear from?
Apr 26, 2015, 8:45 PM EDT
Collins averaged 7.1 points and 5.2 assists per game last season, and his arrival could lead to Alex Caruso getting more scoring opportunities off the ball.
Apr 26, 2015, 7:35 PM EDT
Robinson has quite the rebuilding job on his hands, but guard LeAntwan Luckett (16.3 ppg) is one of the team’s top four scorers who have eligibility remaining.
Apr 26, 2015, 7:05 PM EDT
Dominic Green was released from his National Letter of Intent to Arizona State a couple weeks ago.
Apr 26, 2015, 6:02 PM EDT
In addition to making graduates sit out a year, there’s also consideration of the idea that schools can restrict where they can go.
Apr 26, 2015, 4:05 PM EDT
Nick Noskowiak joins former Arkansas guard Nick Babb as players who have committed to Iowa State this month.
Apr 26, 2015, 2:29 PM EDT
Skinner was the longtime coach of Boston College.
Apr 26, 2015, 1:00 PM EDT
Avery Johnson is touring with Nick Saban to get more familiar with being a head coach at Alabama.
UAA Day 2: The return of Seventh Woods; Markelle Fultz is the real deal; Josh Jackson’s up-and-down day
Apr 26, 2015, 11:30 AM EDT
The Under Armour Association has plenty of talented players in its league this season, including former mixtape star Seventh Woods and the No. 1 player in the Class of 2016, Josh Jackson.
Apr 26, 2015, 10:15 AM EDT
Malik Monk had a dominating effort on Saturday while Harry Giles didn’t make much of an impact.
Apr 26, 2015, 9:00 AM EDT
Josh Jackson went for 41 points, seven assists and six rebounds at the Under Armour Association.
- College basketball’s seven biggest early entry losers for the 2015-2016 season 1
- College basketball’s six biggest early entry winners for the 2015-2016 season 3
- Austin Hatch’s inspirational basketball career has come to a close 3
- UPDATED: 2015-2016 College Basketball Way-Too-Early Preseason Rankings 1
- 2015 College Basketball Updated Early Entry List 14
- Report: Yogi Ferrell to return to Indiana for senior season 0
- Texas point guard Isaiah Taylor returning for junior season 1
- Duke lands commitment from elite PG Derryck Thornton, who will reclass (18)
- 2015 College Basketball Updated Early Entry List (14)
- UPDATED: 2015-2016 College Basketball Way-Too Early Preseason Top 25 (9)
- Louisville adds key grad transfer Damion Lee (6)
- All-MAC guard Shannon Evans to transfer from Buffalo; is athletics director Danny White at fault? (3)