Apr 17, 2016
4:51:04pm
4:51:04pm
Oh, I get your problem. You're focussing just on the number. Good thing that
above I spelled out a myriad of reasons other than the number that matter.
Yes, generic players with generic numbers wouldn't matter. If you make a figurine that looks like Ty Detmer but doesn't have his name on the back, and then advertise it as a "Ty Detmer" figurine (just like FutureAD always did) then you are attempting to profit on the likeness of that player.
Just like the O'Bannon case that you so aptly noted, you have to be able to look at the context of the likeness. Advertising the figurines as specific players did much more than what EA did, but you saw that the players still got paid, right?
Yes, generic players with generic numbers wouldn't matter. If you make a figurine that looks like Ty Detmer but doesn't have his name on the back, and then advertise it as a "Ty Detmer" figurine (just like FutureAD always did) then you are attempting to profit on the likeness of that player.
Just like the O'Bannon case that you so aptly noted, you have to be able to look at the context of the likeness. Advertising the figurines as specific players did much more than what EA did, but you saw that the players still got paid, right?
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