In reply to: What is promotional usage? posted by TWO
ND and other schools would just do what ND and Under Armour do and show a generic ND player wearing the number of the current year, as in 19 this year.
And jerseys at the bookstore don't have names on the backs so they are generic ND football jerseys, just some years certain numbers are produced more and sell better than others.
As for a different post about video games, again, unless it's cheap/cost effective, nobody is gonna bother doing the NCAA game, and they'll just stick with the NFL. (By the way, I've never understood why they don't do a generic NCAA game and let players set up their own team...choose their own roster numbers on the field, etc. For your favorite team you could take 15 minutes to basically have your current team set up and on the field, while the software was "shipped" with no likenesses whatsoever).
individual player, nobody is going to bother paying?
I tend to agree. There has to be a market there. The schools should be able to get some offset on using image/likeness because they would be "paying" the player via scholarship.
Everyone was already doing customized rosters anyway, which are easily shared online.
EA could just create the game with entirely random rosters, but authentic schools, stadiums, etc... and then rely on the player community to customize the game.
say player names. They almost always refer to the coach's name. Clips from games are shown, but player names are not mentioned.
Is this the type of thing that you are talking about should be compensated? it's a photo from the current front page of und.com promoting the MBB game vs Miami on Wed.
There are 4 players visible, should all 4 players be compensated and how would anybody determine that value?
in the form of a scholarship.
If some other vendor wanted to use the image and likeness, then yes, all the players should be compensated.
the odds are nobody is going to pay and therefore the players' compensation would be very-low-to-zero.
Look at TV ads now that incorporate football...unless the advertiser is basically an official NFL sponsor, any flash of football on the screen is bogus footage of actors OR old USFL footage, which can be had on the very-cheap.
Since the universe doesn't currently care about the two ND basketball players in this photo, nobody is going to pay them or the University to use it. They'll find basically clip art/stock photography that is cheap.
and education, the way it should be now.
Notre Dame would stand out--most kids would realize that even very good players aren't going to make a lot of money aside from the very top guys and so the focus would return to their ability to A) get a great education and/or B) go to the NFL
I do think that is the crux of what would need to be established. Should Hubb (since he is the really the focus of the photo) be compensated? How much? Based upon what information? View of the page that day? Game attendance? Television advertising for that game? Just a blanket fee for all players to allow for such usage?