May 31, 2014, 1:10 PM EST
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.
Dec 20, 2014, 11:49 AM EST
This will be the first time that Murphy plays this season.
Dec 20, 2014, 11:25 AM EST
He won’t coach against VCU.
Dec 20, 2014, 10:00 AM EST
Kwe Parker might only be a junior in high school, but he’s one of the best leapers in the country.
Dec 20, 2014, 9:00 AM EST
If you don’t feel like watching lower-tier bowl games, you’ll be happy to know that Saturday is loaded with great games.
Dec 19, 2014, 11:45 PM EST
Here’s a rundown of Friday night’s action.
Alex Mitola’s buzzer-beater three gives Dartmouth a 58-55 overtime win over Northern Illinois (VIDEO)
Dec 19, 2014, 11:12 PM EST
Alex Mitola ended with 18 points for the Big Green.
Dec 19, 2014, 10:13 PM EST
Eastern Kentucky had 14 threes. Miami had 12 field goals.
Dec 19, 2014, 8:59 PM EST
The senior forward is apparently playing for the Wisconsin Bearcats.
Dec 19, 2014, 7:30 PM EST
Villanova is off to another good start in the regular season, but heading into the New Year, the Wildcats will need to rack up the wins in postseason play.
Dec 19, 2014, 6:49 PM EST
The SMU forward missed the first 10 games.
Dec 19, 2014, 6:15 PM EST
The Gators could be shorthanded once again in Saturday’s non-conference contest with Wake Forest.
Dec 19, 2014, 5:00 PM EST
The Indiana sophomore was struck by a vehicle driven by a teammate back in November.
Dec 19, 2014, 4:15 PM EST
Antravious Simmons averaged 0.7 points and 0.7 rebounds as a redshirt freshman at VCU.
Dec 19, 2014, 3:27 PM EST
The Wildcats are on the road to take on one of Conference USA’s best teams in UTEP, and both No. 18 Miami and No. 20 St. John’s are in action as well.
Dec 19, 2014, 2:44 PM EST
Jordan Gathers had yet to play in a game this season after undergoing hip surgery in June.
Dec 19, 2014, 1:26 PM EST
Kansas State is one of many programs looking to land Semi Ojeleye, but all of their scholarships are accounted for currently.
Dec 19, 2014, 12:04 PM EST
Jones’ dunk on five-star forward Cody Riley is one of the best you’ll see this year.
Dec 19, 2014, 11:30 AM EST
When you talk Duke basketball in 2014-15, you start with Player of the Year candidate Jahlil Okafor, but there are plenty of other keys to Duke’s success as we get closer to the new year.
Dec 19, 2014, 10:30 AM EST
Patrick Cole has been suspended indefinitely.
Dec 19, 2014, 9:00 AM EST
Oklahoma-Washington, Ohio State-North Carolina and UCLA-Kentucky are just three of the marquee matchups.
- Markus Kennedy cleared to play immediately for SMU 0
- Weekend Preview: A loaded Saturday slate highlights the weekend 4
- Rebounding, foul shooting help No. 2 Duke make up for 19 turnovers in win over UConn 0
- Michigan State starting forward to miss next two games with non-displaced wrist fracture 0
- Film Session: What’s plaguing Marcus Paige? 1
- Throwback Thursday: UConn ‘Shocks The World’ against Duke (VIDEO) 1
- New Year’s Resolutions: Virginia Cavaliers 1
- Gregg Marshall writes to Wichita State students after seeing empty seats in student section (PHOTO) (7)
- Report: David Robinson’s son will be preferred walk-on at Duke in 2015-16 (VIDEO) (6)
- West Virginia’s Bob Huggins torches Marshall after coach calls Huggs ‘afraid’ (5)
- Without Alex Poythress, No. 1 Kentucky’s offense looks comfortable in win over No. 21 North Carolina (4)
- Lauren Hill’s playing career over, to become honorary coach (4)