On using amateur sports player names

In an article published July 3 by The New York Times, Sam Keller, former quarterback for the Nebraska Cornhuskers, has filed a lawsuit against the NCAA and Electronic Arts, claiming “they illegally profit from the images of college football and basketball players,” as reported in The Times article.

“We signed a paper at the beginning of college saying we couldn’t benefit from our name,” said Keller, who is now 24 and living in Scottsdale, Ariz. “So why was the N.C.A.A. turning a blind eye to this and allowing EA Sports to take our likenesses and make big bucks off it?” — The Times, July 3, 2009

For one, names and likenesses are not the same thing. As a semi-famous football player, your likeness, Mr. Keller, as a college player, was in the public domain, just like any Little Leaguer or recreational player across the country. Any one, a reporter, someone interested in sports or someone off the streets can frequent a public recreation department, and take as many sports pictures of you and publish them as he/she likes. College players do not get paid, and last I checked, play on public, state-funded property (As opposed to private college athletes, who, for the most part, indeed, play on private property.) So, the image of your face is public property. Your name, however, cannot be the source of reaped benefits, and EA Sports, from what I understand, has done nothing of the sort. I do understand the frustration, but suck it up, Mr. Keller.

You played football in the public domain, just like any Little League or recreation-league player in this country. Your image, and their’s, was likely profitted upon in some form or fashion. Surely, pics of you playing football appeared in some newspapers. News flash: Newspapers, like EA Sports, are in the business of making a profit off your amateur image and others. This is no news.