Posted by Jeff Nixon – March 8, 2010
DeMaurice Smith has been asking the NFL owners a very simple question “When will the NFL start paying the former players who built this game for the legacy it sells?”
At Fourth and Goal we have discussed this issue in several of our previous postings here and here.
This whole issue is something that should be discussed in the Collective Bargaining Agreement negotiations. The NFL has “legacy” rights only because the NFLPA has given it to them by not addressing the issue in prior CBA’s.
The Collective Bargaining Agreement currently states that
“The Player and National Football League Players Association, hereinafter “NFLPA,” will not contest the rights of the League and its member clubs to telecast, broadcast, or otherwise transmit NFL Football or the right of NFL Films to produce, sell, market, or distribute football game film footage, except insofar as such broadcast, telecast, or transmission of footage is used in any commercially marketable game or interactive use. The League and its member clubs, and Player and the NFLPA, reserve their respective rights as to the use of such broadcasts, telecasts or transmissions of footage in such games or interactive uses, which shall be unaffected by this subparagraph.”
The above wording only applies to active players, but the NFLPA could easily propose wording that says “Once a player is no longer active, his image can no longer be used without the express written consent of the player.”
That type of statement in the CBA would require the NFL to negotiate on an individual basis with each and every retired player. That would be virtually impossible, especially if the agreement was retroactive and included every player that has ever been captured on the lens of NFL Films. There is also the question of compensation. How would they determine, on a case by case basis, how much each individual player would receive? Tough to do.
The easiest way to address the issue is to set up an equal distribution of assets. The NFLPA currently does it that way through their Group Licensing Agreements, so why shouldn’t they do the same for retired players? Oh that’s right…..they did try to do this with us – outside of the CBA process – and it was a complete travesty. We had to sue them to collect our share.
The NFLPA has had no problem negotiating for the rights of active players when they established the Group Licensing program in the CBA, and they had no problem negotiating for the use of active player images in commercially marketable games or interactive use in the CBA, so why can’t they fight for retired players over the rights of our images in the CBA?
The answer to that question is easy. They would probably have to give up a benefit, or cut back on something that active players are currently receiving.
Does anyone really think that DeMaurice Smith would do that for retired players?
Of course not. He wants the NFL owners to address this issue outside of the Collective Bargaining Room. He wants to indict the owners in the court of public opinion.
After all is said and done, it just might be the Courts who end up deciding this issue. Retired players Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini, and Ed White have filed a Class Action on behalf of themselves and all retired NFL players for the NFL’s alleged unauthorized use of their identities, names, images, and likenesses, to promote the NFL, sell NFL-related products, and otherwise generate revenue for the NFL and its member teams.
It would be nice if, instead of having to resort to the Courts, the NFLPA would try to hammer out something in the new CBA.
DeMurice Smith says he wants all former players to rally with the active players against the NFL owners. For what? So we can help the active players keep their phenomenal benefit packages! Retired players are tired of being relegated to the status of waterboy’s to the wealthy.
As I mentioned in a previous article, the NFL Pension Plan, which has been in existence for over 50 years, currently has $927,400,000 in assets, whereas the Second Career Savings Plan and the Annuity Plan, which have only been in existence since 1998 and 1993 respectively, already have a combined total of 1,478,300,000 in assets. That’s almost 1.5 Billion in benefit monies that could have been used to fund the NFL Pension Plan to help ALL retired players, not just the players that came after 1993.
And how did the NFLPA obtain leverage for the 1993 agreement that created the enormous salaries and benefits active players now enjoy? The NFLPA finally got the power it needed from players (now retired or deceased) that sued the NFL in court.
Not one current player has ever had to stand on a picket line fighting for benefits.
Maybe its time for them to carry the water for retired players.
Gentlemen…I am writing to commend my constituents at Fourth and Goal for their drive and perseverance in truly working tirelessly, diligently and fairly for the good of all players retired and active. In everything I read I see no animosity towards the active NFL warrior; what I see, hear and read is an honest plea for a united front.
Common sense and the idea of fair play have taken a back seat to greed and individual gain in today’s world. I have heard it stated and I agree whole heartedly, that with the world watching we can be the united front that stands apart and represents right and exposes wrong to more than just the NFL world, but to our youth and the world as a whole.
Stay the course and may God be our witness.
ABSOLUTELY.!!!
As far as I am concern, from my entry in the NFL in 1973, the NFLPA has not been an organization that served the need of representing ALL player.
The NFLPA certainly did not do an adequate job to represent the active players during that time but it is quite evident that the NFLPA has used the retired players prior to 1993 to enhance the development of the NFLPA itself. The players that gave this opportunity to,the NFLPA needles to say were sidelined and taken out of the NFLPA’s game PLAN, to become spectators with little or no consideration for their sacrifice. The NFLPA have an opportunity to address this neglect in the current CBA. This is not a deal negotiated between NFL Owners and Retired Players.
This is and should be negotiated by the NFLPA,seeing that it has been stated there is no longer NFL current and retired but just NFL Players that the NFLPA represent.
As been stated, it is time for this generation of active players to sacrifice
something for the privilege of not having or had to walk a picket line to secure the benefit they now enjoy. Which from most standards far exceed any benefits experienced prior to 1993.
Stay the course, and I’m thankful that there are those who care about the “old timers” as we hope to be, someday….
I wonder how many of todays players would walk with the possibility of losing a full years wages so that the people who come after them will reap the benifits as we did. My guess is not many. Do the players today really believe that all the retired players that find it hard to make ends meet were idiots with the money they made while playing. Or do they realize they are on a far diffrent wage scale then they were? I do not have a problem with what players make today. Get what you can while your there! Because someday you will be JUST ANOTHER FORMER PLAYER who has been forgotten by the people who have the power to help you out. They will be to busy taking care of the ones who can vote them back in to worry about your broken up, down on your luck ass. It’s not just about former players down on there luck. How about a little respect, how can you just keep piling on the benifits to those who are reaping all the benifits that have come on the backs of others. Man this felt good!