How does player licensing work?

AussieDave · 11-09-2015, 05:28 AM

I have a question related to both FHM and sport management games in general: how does player licensing work?

I see that you do not have any photographs of players or official team uniforms, which I can understand would be copyrighted, but is there any copyright on simply the name and characteristics of players?

I figure it is one of the following:

1) There is an agreement between the developers and different leagues/player associations to use the real names and characteristics
2) No agreement is necessary because no one controls the rights to just names, only their photos
3) There really should be an agreement but since this is a relatively small-time game (compared to FIFA, Madden etc) there is generally no hassle or legal procedures

I'm curious why would Pro Basketball Manager, which probably has a similar level profile to FHM, have slightly altered names like "Lebron Jamas" whereas FHM has the real deal (no Sydney Krosbey in sight!)

Thanks in advance! David

Scott Vibert · 11-09-2015, 08:45 AM

There was a court-case in the US which ultimately came down with the decision that player names and statistics are informational and not covered by trademark.

AussieDave · 11-09-2015, 10:17 AM

Interesting, thanks for this information. Do you have a name of this court case or linkto more info? I suppose the player likeliness is copyrighted, which hurts an ea sports game more than a management game.

Although I'm confused then why the NBA game has fake names. Maybe they are scared?

Also doesn't Eastside Hockey Manager Early Access have fake names? (But there is a real user roster that everyone uses)

Scott Vibert · 11-09-2015, 12:49 PM

It's ultimately up to the publisher to determine how to proceed. Leagues can always threaten to litigate and as the leagues have much larger legal staffs can try to bully companies into settling rather than having to try and win in court, so some decide to avoid it.

Here's an article on the summary judgement:
Fantasy leagues permitted to use MLB names, stats

AussieDave · 11-10-2015, 09:55 AM

Interesting, thanks for the link.

Do you think it makes a difference whether or not the game is sold for profit or released as freeware?

11-09-2015, 05:28 AM	#1
AussieDave Bat Boy Join Date: Nov 2015 Posts: 3	How does player licensing work? I have a question related to both FHM and sport management games in general: how does player licensing work? I see that you do not have any photographs of players or official team uniforms, which I can understand would be copyrighted, but is there any copyright on simply the name and characteristics of players? I figure it is one of the following: 1) There is an agreement between the developers and different leagues/player associations to use the real names and characteristics 2) No agreement is necessary because no one controls the rights to just names, only their photos 3) There really should be an agreement but since this is a relatively small-time game (compared to FIFA, Madden etc) there is generally no hassle or legal procedures I'm curious why would Pro Basketball Manager, which probably has a similar level profile to FHM, have slightly altered names like "Lebron Jamas" whereas FHM has the real deal (no Sydney Krosbey in sight!) Thanks in advance! David

11-09-2015, 08:45 AM	#2
Scott Vibert Hall Of Famer Join Date: Dec 2001 Location: My Computer Posts: 8,182	There was a court-case in the US which ultimately came down with the decision that player names and statistics are informational and not covered by trademark.

11-09-2015, 10:17 AM	#3
AussieDave Bat Boy Join Date: Nov 2015 Posts: 3	Interesting, thanks for this information. Do you have a name of this court case or linkto more info? I suppose the player likeliness is copyrighted, which hurts an ea sports game more than a management game. Although I'm confused then why the NBA game has fake names. Maybe they are scared? Also doesn't Eastside Hockey Manager Early Access have fake names? (But there is a real user roster that everyone uses)

11-09-2015, 12:49 PM	#4
Scott Vibert Hall Of Famer Join Date: Dec 2001 Location: My Computer Posts: 8,182	It's ultimately up to the publisher to determine how to proceed. Leagues can always threaten to litigate and as the leagues have much larger legal staffs can try to bully companies into settling rather than having to try and win in court, so some decide to avoid it. Here's an article on the summary judgement: Fantasy leagues permitted to use MLB names, stats

11-10-2015, 09:55 AM	#5
AussieDave Bat Boy Join Date: Nov 2015 Posts: 3	Interesting, thanks for the link. Do you think it makes a difference whether or not the game is sold for profit or released as freeware?