As you all know, there is a struggle going on between the NFL Players Association and the NFL Alumni Association for the hearts and minds……. and more importantly, the “images” of retired players.
So why are retired players so important to each of these organizations? First and foremost, because there is strength and power in saying they represent retired players and secondly, despite what the NFL Players Association said during the class action trial, we can generate revenues! If that were not true, then why would EA Sports come to the NFLPA to ask them if they could put retired players in their Madden Football Legacy video games? As a result of the class action suit and other pending litigation, EA Sports has decided to stop producing their Legacy video games, but EA Sports is not the only game in town. During the trial we found out that another video game producer, Take Two was interested in producing a video game, but the NFLPA locked them out of the competition.
So who do companies and businesses go to now when they want to use retired players? Should the NFLPA still be our Broker after what they did? Let’s face it; the NFLPA represents active players because that is where the big money comes from. The NFLPA currently generates about $80 Million a year for active players through its licensing agreements.
Retired players need their own Broker that will work day and night with only one constituency to work for, and one thought in their mind ……how do I help retired players? Well, we already have that person, and he understands what needs to be done for retired players because he played in the NFL and was our leader at the bargaining table with the owners back when he played. That person was elected exclusively by retired players and his name is George Martin, the Executive Director of the NFL Alumni.
There are some retired players that are still very skeptical about the NFL Alumni because it receives most of its funding from the NFL owners, and rightly so, but if all retired players joined the NFL Alumni and paid their dues, that yoke would be lifted in one day. The math is easy, 10,000 retired players’ times $100 dollars equals 1 Million dollars! But that is just the beginning of what we can do collectively. There is strength in numbers and if we can come together, our leverage and power will be phenomenal. Corporate America is where the real money is and the sooner we begin to tap into that pool of revenue the stronger we will become.
The image of retired players is something NFL owners have been profiting from for many years through the sale of merchandise and intellectual property that includes such things as football cards, telecasts of games, films and dvd’s, posters, internet activities, football jerseys and other memorabilia.
The NFL has a reputation for enforcing their IP rights very strictly against any infringers. Courts have typically sided with the NFL, holding that since they own the copyright to the telecast, they have the right to charge a fee to anyone who wants to use or buy games, game highlights, documentaries……you get the picture, or should I say “image!”
As many of you already know, there is a current Class Action Lawsuit that was filed by several retired players against the NFL and NFL Films. The lawsuit challenges the unauthorized use of the retired players’ names, images, and likenesses to promote the NFL brand and otherwise produce revenue for the NFL. The goal of the Class Action is to resolve the rights of as many retired NFL football players as possible, regardless of level of celebrity, prominence in NFL Films, or how long they played in the league.
The Court recently allowed the case to proceed saying ”While there may be no doubt that the videos the NFL makes are copyrightable, Plaintiffs have alleged that the “work” at issue is not the videos themselves, but rather Plaintiffs’ own identities. “The ‘work’ that is the subject of the right of publicity is the persona, i.e., the name and likeness of a celebrity or other individual. A persona can hardly be said to constitute a ‘writing’ of an ‘author’ within the meaning of the Copyright Clause of the Constitution.”
This lawsuit sounds very similar to the recent Class Action that retired players won against the NFLPA for not compensating the retired players that signed Group Licensing Agreements with the Union. The NFLPA sold us out when they instructed EA Sports (Madden Football Video Game) to scramble the images of retired players.
The use of retired player images is something I wrote about back on January 8, 2009: Retired Players Help Market the NFL but will the NFL ever Provide Royalties or Residuals to Retired Players.
On February 26, 2009 Bruce Laird, President of Fourth & Goal sent a letter on behalf of the Fourth and Goal Board, to the Commissioner of the NFL, Roger Goodell proposing a restructuring of the NFL Alumni that would make it an independent entity “by the players and for the players”. One of the key elements of the White Paper was the development and execution of a program for the NFL Alumni to secure the rights from retired players to utilize the value of their “images” and likenesses in or on products using six or more retired players. The goal is to maximize participation by retired players in the broadest range of commercial and marketing activities.
The proposal also called on the NFL to support the NFL Alumni Association by contributing League and Club Intellectual Property Rights for group retired player programs.
Roger Goodell responded to the White Paper by saying that “you have outlined a thoughtful approach and one that we could cooperate with in principle.” He went on to say that “a key point will be the extent to which your proposal has broad support among retired players. If it does it could be very meaningful”
Is there any retired player that does not support the goal of giving retired players a piece of the Intellectual Property Rights Pie?
This whole issue is something that could be, and should be discussed in the Collective Bargaining Agreement negotiations. The NFL has certain intellectual property rights and copywrite protection only because active players have given it to them! That includes me, you and our Union back when we played. This was not on the front burner back then because we had bigger fish to fry, namely trying to get free agency. Now that active players have more power they could revisit this issue in these negotiations. The retired players know that in order to get something like this, the NFLPA will have to give up something, so we are not suggesting this is an easy bridge to cross.
George Martin also has a huge task in front of him and he needs your support to get the wheels turning. Among other things, he will be working to secure a piece of the Intellectual Property Pie for retired players. Fourth and Goal was the first retired player advocacy organization to push this issue with Roger Goodell and the league, so you can bet your bottom dollar we will be watching this closely and doing everything in our power to make it a reality.
Remember………….there is strength in numbers. Sign up to be a member of the NFL Alumni today by going to their website and using a credit card to join. We need you now! Here is the link: https://www.nflalumni.org/Member_App.aspx
Question that maybe someone can answer for many of us. I’ve been a member of the NFLPA since retiring in 1989. The NFLPA knew where to send my bill every year to collect my membership dues, yet my name was never on the list for the Class action suit nor were many others that I know around the league when the NFLPA said they represented a very large number of us yet most names were not incuded in the suit. Curious if anone has an answer or have I missed a prior posting here or elsewhere.
Mark,
I can tell by the wording of your question that you are as confused as many guys are about who is who and who represents you in any respect. This has also been a mission of mine to help educate retirees because the truth is we have been misrepresented better than being represented.
The NFLPA is the Players Association.. (CURRENT players and by CBA retired payers although we have no vote) the ones who were supposed to represent us after we retired. They were actually the ones that GOT SUED and LOST. They found a way to screw the retirees as described above and none of us (retirees) have ever received a dime for licensing (until the lawsuit against them) to my knowledge. I have been out of the league for 20 years and never got a check for royalties. Decisions are made on our behalf even though we haven’t (in many cases like mine) been asked for our opinion. One way they have been successful doing that is by holding important year end meetings (the only place you can vote.. no absentee ballots allowed) in places like Hawaii, Puerto Rico and other expensive, exotic locations that old guys like me can’t afford to go to.
The NFL Alumnni Assoc. was actually formed by the NFL Management. It (the NFL MANAGEMENT) appointed directors Frank Krauser and others and local chapters appointed and later voted for local leadership. The ALUMNI became a charity arm of the NFL Management. The Alumni group has been a loyal charitable organization however it doesn’t provide anything for retirees. By its organization alone. it has no obligation to.
Now that some recent events have come to the surface like head injuries, poor treatment of retirees, poor disability guidelines, and other possibly illegal events, BOTH the management (NFL Alumni)and the players union (NFLPA) would like us (the retirees who helped build the game) to be on their side (because there are lots of us). Groups like the gridiron greats, 4th and goal, and others have cropped up, all with apparent good intentions of helping retirees. The union has elected a new leader in D Smith (I was never given a vote on that), the Management has appointed a new leader in George Martin (I was never given a vote on that)and sides are squaring off. They both indicate a desire to UNIFY and as much as I hope that is the case, only time will tell. It appears that they may succeed in what typically do which is devide and concur. I’m in a wait and see mode.. I want to be idealistic and believe that we will be fairly represented, but I’m not going to bet on it.
Tom: The NFL Alumni foundation was not formed by NFL Management. It was founded in 1967 by Dante ‘”Glue ” fingers Lavelli former Cleveland Brown and member of the Hall of fame. The league would have nothing to do with them in the early years, then Lavelli meet with 27 other players on March 21, 1967 to address player-welfare and pension benefits issues. The NFL Alumni were the first to fight for pre-1959′s to received a pension. Fourth and Goal a 501- C3 along with hundreds of retired NFL players asked the league and the union to address these issues as well starting in 2005.. The leaders of the movement wrote to the league and union asking if it could be possible to have the NFL- Alumni moved back to it’s original roots. We have asked for funding help, from both the union and the league, the league gave the Alumni 1 million dollars interest free, it must be paid back. The NEW NFL Alumni is a separate independent organization that will speak on behalf of retired players. They will have access to the union….we hope…. and the league which has already agreed to do so.
Yes, over time the Alumni did change radically from it’s original aims and goals. Now it has changed back to exactly why it was founded in the first place. Become a member you will have a voice and vote on the issues that need to be addressed to the union and the league. Call George Martin and Ron George and find out for yourself what the new Alumni can and will do for retired players. See for yourself Jane and be part of the change that must take place, we need all retired players under a roof that the union and the league will at least listen too.
I do agree that the NFLAA with George Martin at the head should and will be a force to be dealt with. Our past leadership did a great job in the “Caring for Kids” program. It is now time to add another direction in our persuit of helping all retired/former players. We all are entitled to the benefits offered by the NFLPA.
There is, as was pointed out, Strength in numbers. Fourth and Goal. The NFLAA, as well as any other organizations that might be formed for the betterment of Retired/Former players. I personally want to thank those of you that have taken a leadership role in the efforts to gain recognition. You were stars on the field and continue to shine in life after the NFL. I read comments by Mark Cooper about names not included in the Class action suit. Were would one go to check this list? I am interested to see if my name is on it. I have been a member of both NFLPA and NFLAA for over 25 years. I look forward to meeting George Martin at the meetings in Maui this April. Jim Bradshaw
Tom, (and others)
George Martin was not appointed by the NFL. He was elected by the Board of Directors after a highly respected national search firm sorted though 140 potential candidates.
Also, the whole reason for hiring George is that the Alumni is going to undertake the role of advocate for retired players, and will have input to the League, and hopefully the Union on all issues effecting retired players. These include (as the article indicates) getting intellectual property rights (payments) for retired players.
I’m not sure what’s going on here, The NFLAA sounds good, but who will be making the final decison for retired players, George Martin, it just dosen’t sound like a good idea. George martin they say, was elected by retired players, how many retired palyers were involved in that election-not many. George Martin has a shady past, go to Dave Pear’s blog and see how shady. I’m with all the other retired players who just want to treated fairly, but money and greed always gets in the way.
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The needs of the league is important, at times commissioners overlook the obvious. Your statements shed light on a ongoing problem.