Mlbpa?

Airdrop01 · 01-23-2015, 11:21 AM

I have a question with genuine implications (my job is to think of these things and this is one - along with the MLB and MiLB issues - now behind us and nice job by the way - that I've always wondered):

Do you have an MLBPA license? The reason I say is that the screenshots in the promo email appear to show real player names (I can't tell if there are 'statistical/ability likenesses' from the shots) and no photos.

Owned every OOTP since the original (yes, I'm old). Went from FPS 97 to OOTP way back when for a league and now I play single player so this is of interest to me...

Thanks!

Markus Heinsohn · 01-23-2015, 11:24 AM

No MLBPA license. We have always used real player names and stats, they are public domain as per this ruling: http://media.ca8.uscourts.gov/opndir/07/10/063357P.pdf

DustinthePOWERHOUSE · 01-23-2015, 11:38 AM

Quote:

Originally Posted by Markus Heinsohn

No MLBPA license. We have always used real player names and stats, they are public domain as per this ruling: http://media.ca8.uscourts.gov/opndir/07/10/063357P.pdf

Interesting, so the players names are public domain but the pictures are trademarked by the MLBPA. Cool.

jpeters1734 · 01-23-2015, 11:44 AM

Quote:

Originally Posted by DustinthePOWERHOUSE

Interesting, so the players names are public domain but the pictures are trademarked by the MLBPA. Cool.

Well I think it's because once you use a picture or facegen, you are using a player's likeness.

The Wolf · 01-23-2015, 11:46 AM

They own their own likenesses but whatever happens in a game is news and history and no one can own those two things.

DustinthePOWERHOUSE · 01-23-2015, 11:51 AM

Quote:

Originally Posted by jpeters1734

Well I think it's because once you use a picture or facegen, you are using a player's likeness.

Profiting from their likeness as well without their consent probably a huge legal issue...not a lawyer just a guess.

I just thought it was interesting that the name itself isn't legally controlled by the MLBPA but pictures are.

Matt Arnold · 01-23-2015, 11:59 AM

Quote:

Originally Posted by DustinthePOWERHOUSE

Profiting from their likeness as well without their consent probably a huge legal issue...not a lawyer just a guess.

I just thought it was interesting that the name itself isn't legally controlled by the MLBPA but pictures are.

Names used to be. I remember long ago playing with Muke Puazza and Berry Bands in a, ahem, other game to avoid using the actual player names.

The Wolf · 01-23-2015, 12:06 PM

Quote:

Originally Posted by Matt Arnold

Names used to be. I remember long ago playing with Muke Puazza and Berry Bands in a, ahem, other game to avoid using the actual player names.

Names are complicated.

DustinthePOWERHOUSE · 01-23-2015, 12:18 PM

Quote:

Originally Posted by Matt Arnold

Names used to be. I remember long ago playing with Muke Puazza and Berry Bands in a, ahem, other game to avoid using the actual player names.

So "We" and by we I of course mean OOTP/users and the such, can print these names because they have a license or did they not need one?

Cause I know another game, basketball sim, that doesn't allow the correct names OR the correct team names.

Sorry if I'm getting to legal I'm just at work and this is vastly more interesting

Cryomaniac · 01-23-2015, 12:46 PM

Quote:

Originally Posted by DustinthePOWERHOUSE

Interesting, so the players names are public domain but the pictures are trademarked by the MLBPA. Cool.

Pretty much. Essentially your name and stats aren't your likeness, but your picture is.

01-23-2015, 01:17 PM

So are you planning on MLBPA license or is it out of question?

Markus Heinsohn · 01-23-2015, 01:26 PM

Quote:

Originally Posted by dmytron

So are you planning on MLBPA license or is it out of question?

Not this year, that's for sure. I dunno what will happen in the future.

Airdrop01 · 01-23-2015, 03:52 PM

Will ere still be FaceGen and photos as before available?

jpeters1734 · 01-23-2015, 06:47 PM

Quote:

Originally Posted by Airdrop01

Will ere still be FaceGen and photos as before available?

facegen and photos have always come from the mod community

Airdrop01 · 01-23-2015, 06:58 PM

Quote:

Originally Posted by jpeters1734

facegen and photos have always come from the mod community

I understand. Is that functionality still in '16?

The Wolf · 01-23-2015, 07:00 PM

Quote:

Originally Posted by Airdrop01

I understand. Is that functionality still in '16?

Of course.

bwburke94 · 01-24-2015, 02:53 PM

It might be better to not use the MLBPA license. By licensing you only gain player photos, which are for the most part useless, while possibly losing the ability to use real player contracts and definitely losing the money you spent on licensing costs.

Remember, The Show wasn't able to negotiate for real contracts, so OOTP may be in the same situation if they attempt an MLBPA license.

RchW · 01-24-2015, 03:27 PM

Quote:

Originally Posted by bwburke94

It might be better to not use the MLBPA license. By licensing you only gain player photos, which are for the most part useless, while possibly losing the ability to use real player contracts and definitely losing the money you spent on licensing costs.

Remember, The Show wasn't able to negotiate for real contracts, so OOTP may be in the same situation if they attempt an MLBPA license.

I think Markus has already indicated he has no interest in a MLBPA license.

01-23-2015, 11:21 AM	#1
Airdrop01 All Star Starter Join Date: May 2009 Location: Lenexa, KS / Wilson, WY Posts: 1,354	Mlbpa? I have a question with genuine implications (my job is to think of these things and this is one - along with the MLB and MiLB issues - now behind us and nice job by the way - that I've always wondered): Do you have an MLBPA license? The reason I say is that the screenshots in the promo email appear to show real player names (I can't tell if there are 'statistical/ability likenesses' from the shots) and no photos. Owned every OOTP since the original (yes, I'm old). Went from FPS 97 to OOTP way back when for a league and now I play single player so this is of interest to me... Thanks!

01-23-2015, 11:24 AM	#2
Markus Heinsohn Developer OOTP Join Date: Dec 2001 Location: Germany Posts: 24,805	No MLBPA license. We have always used real player names and stats, they are public domain as per this ruling: http://media.ca8.uscourts.gov/opndir/07/10/063357P.pdf __________________ Buy Out of the Park Baseball 25 now! Download OOTP Go 25 for iOS Download OOTP Go 25 for Android

01-23-2015, 01:17 PM	#11
dmytron Guest Posts: n/a	So are you planning on MLBPA license or is it out of question?

01-23-2015, 03:52 PM	#13
Airdrop01 All Star Starter Join Date: May 2009 Location: Lenexa, KS / Wilson, WY Posts: 1,354	Will ere still be FaceGen and photos as before available?

01-24-2015, 02:53 PM	#17
bwburke94 Hall Of Famer Join Date: Jun 2008 Location: Belchertown, MA, USA Posts: 4,507	It might be better to not use the MLBPA license. By licensing you only gain player photos, which are for the most part useless, while possibly losing the ability to use real player contracts and definitely losing the money you spent on licensing costs. Remember, The Show wasn't able to negotiate for real contracts, so OOTP may be in the same situation if they attempt an MLBPA license.