Annual legends/Jordan faq.

[OldFoolStyle]

So, here's a litle pre-emptive strike on the "will Jordan, Barkley, Jabbar, etc be in the game" threads that tend to start about this time of year. Here's a silly one at the 2K forum http://2ksports.com/forums/showthread.php?t=221539


Michael Jordan will never be in any video gamez cuz he's leik to gr33dy.
This may be true, but for the time being irrelevant. The use of retired players/legends is negotiated between the game companies and The National Basketball Retired Players Association (NBRPA)(aka; legends of basketball), as Michael Jordan is not currently a member of the NBRPA they can't negotiate his likeness rights. http://www.lma-inc.com/pdfs/legendlaunch.pdf

EA/2K iz two ch33p$ to pay for Jordan cuz they hat3z uz.
One of the benefits of that crappy lockout a few years back, is that the game companies no longer have to deal with the individual players and their agents. Now all likeness rights are negotiated through the NBA Players Association (NBPA) and FIBA for current players, or the NBRPA for legends. Negotiating with any player not a member of those associations would void any agreements the game companies have.

But, but, but, They have Jordan brand shooz and Jordan brand player of the game, that must mean they have his rights and are just dicking with us.
Both EA and 2K have deals with Nike brand shoes that allow them to use the names and likenesses of their shoes and the shoes and apearal of Nike subsiaries Addidas, Reebok, Jumpman, and Jordan. Michael Jordan the former player is a person, not a shoe, therefore his likeness rights are not included in these deals.

I betcha Michael Jordan won't let them use his likeness unless they pay a butt-load of money to his shoe company.
Besides what I just stated above, both EA and 2K have licensing deals with Nike/Jordan brand shoes. Wouldn't that mean they are already paying his shoe company?.

Then why don't Michael Jordan, Charles Barkley and others just join this NBRPA?
They can't become NBRPA members untill they dip into their pensions. Either they don't need the money, or they are waiting untill they are 65 and can recieve full benefits. For more on who the NBRPA are and what they do check out http://www.nbrpa.com

How do I find out who is a member?
A current and updated list is kept at http://www.nbrpa.com/ssp/members

But, not all of those players are in any games, what gives?
It takes time to make the faces and ratings for all those players, with the short development time that sports games have EA and 2K have to be selective of who they use.

You would think Jerry West and Kareem Abdul-Jabbar would be in, they are both members.
Jerry West specifically asks not to be included in video games, you'd have to look up his reasons elswere. Kareem has been in NBA live games, but opts out of 2K games as they want to have him on the 70's team as Lew Alcindor, a name he no longer recognises for religious purposes.

So being a NBRPA member is not a guarantee that a player can be included in a game.
No, it's still up to the person to allow the NBRPA to negotiate their likeness rights. I'm mostly concerned with the silly myths that crop up surrounding why non-members aren't in Live or 2K.

Why can't EA or 2K make historic teams and just use generic "Roster Players" like Madden does.
Just this past year the NFL Player Association settled with several retirees for $26.25 million(us) over this exact issue http://www.gamepolitics.com/2009/06/05/ ... wsuit-next
A similar lawsuit is being planned against EASports, so I don't think they will be using "Roster Players" in Madden, Live, FIFA, or any other sports games in the forseeable future. http://www.gamedaily.com/articles/news/ ... ers/?biz=1
However, if you search though the players.dbf file from Live 08 pc, you'll see the programmers put a lot of work into trying to do this before the lawyers put a halt to it. While the people at EASports are still greedy bastards who realy do hate you and want to take your moneys and make you cry, they also want classic teams just as much as you do.

Will there be a code to unlock the Seattle SuperSonics?
Long-story-short, no. Not untill 2013 or another team resides in Seattle, whichever happens first.

What about roster and face patches, will I get sued if I make one?
Likeness rights fall under Trademark law, which has a higher standard of commercial use than copywrite law, so as long as you don't charge money for your patch you'll be fine. Maybe someday I'll make another post detailing how and why patches are legal, but this post is way too long as it is.

[shadowgrin]

Then why don't Michael Jordan, Charles Barkley and others just join this NBRPA?
They can't become NBRPA members untill they dip into their pensions. Either they don't need the money, or they are waiting untill they are 65 and can recieve full benefits. For more on who the NBRPA are and what they do check out http://www.nbrpa.com

You would think Jerry West and Kareem Abdul-Jabbar would be in, they are both members.
Jerry West specifically asks not to be included in video games, you'd have to look up his reasons elswere. Kareem has been in NBA live games, but opts out of 2K games as they want to have him on the 70's team as Lew Alcindor, a name he no longer recognises for religious purposes.

The reasons makes perfect sense on why they are not in Live or 2K. Thanks for the info.
I do think they are just waiting to receive full benefits. Gamblers like Barkley or Jordan always need the money even if they have tons of it.

Why can't EA or 2K make historic teams and just use generic "Roster Players" like Madden does.
Just this past year the NFL Player Association settled with several retirees for $26.25 million(us) over this exact issue http://www.gamepolitics.com/2009/06/05/ ... wsuit-next
A similar lawsuit is being planned against EASports, so I don't think they will be using "Roster Players" in Madden, Live, FIFA, or any other sports games in the forseeable future. http://www.gamedaily.com/articles/news/ ... ers/?biz=1
However, if you search though the players.dbf file from Live 08 pc, you'll see the programmers put a lot of work into trying to do this before the lawyers put a halt to it. While the people at EASports are still greedy bastards who realy do hate you and want to take your moneys and make you cry, they also want classic teams just as much as you do.

Reminds me of the old Live games where we can play Roster Player 99 of the Bulls.

Maybe someday I'll make another post detailing how and why patches are legal, but this post is way too long as it is.

No, it's not long. Detail it! You can just change the thread title of you want to.

[Modifly]

I found that very detailed and informative, and I think other people will feel the same. Thank you.

[Andrew]

Excellent idea, thanks for the post OldFoolStyle. I'm sure the question will still pop up but that's an excellent FAQ for us to refer people to.