The Brandr Group withdraws lawsuit against EA Sports, paves way for summer 2024 video-game release
The Brandr Group withdrew its lawsuit against EA Sports on Thursday, once again paving the way toward a summer 2024 release for a new college football video game for the first time since 2013. Here’s what you need to know:
- In June, TBG filed a lawsuit against EA Sports, saying the video game company’s group licensing deal with OneTeam Partners violated TBG’s contracts with schools and TBG’s exclusive or preferred group licensing rights for players.
- Group licensing allows athletes to opt into NIL deals on a large scale, in some cases using school logos and marks.
- TBG and OneTeam announced a settlement in a joint statement on Thursday. TBG’s lawsuit against EA Sports was officially withdrawn from district court in northern California.
- Players will be able to opt into participating in the video game next year. Their payment for being in the game is yet to be determined.
Background
The college football video game was discontinued in 2014 over litigation regarding the use of players’ name, image and likeness, including a lawsuit from former UCLA basketball player Ed O’Bannon. EA said in a court filing back then that it was willing to pay players for their inclusion, but the NCAA wouldn’t allow it. Eventually, EA settled with the plaintiffs before the trial. More than 29,000 athletes received a share of $40 million, an average of around $1,200.
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With NIL laws and rules going into place in 2021, EA has been working to bring the game back. The original timeline called for a July 2023 release, according to correspondence obtained through public records requests. EA Sports later said the game would come out in the summer of 2024.
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Because there is no players union with which to negotiate, group licensing is the best available tool to include players, who will be given a flat fee for participating in the game. A report last spring claimed that number would be around $500. Sources briefed on the discussions told The Athletic this summer that a number hadn’t been determined, and an offer wouldn’t go out until 2024, once it becomes clear who is playing college football in 2024. If a player doesn’t opt in, he will likely be replaced by a generic avatar, as has been the case in pro sports games.
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The game is expected to heavily feature Dynasty Mode and Road to Glory once again. The transfer portal and updated stadium angles, jerseys, songs and more are expected to be included as well.
What they’re saying
“We are pleased that BrandR has decided to withdraw their claims without any payment from EA,” EA Sports said in a statement. “We’ve been clear from the beginning that this suit had no merit. Our focus continues to be on directly licensing individual college athlete name and likeness rights through an opt-in program that will give college athletes the choice if they want to be in our game. We’re pleased to move on from these claims and look forward to delivering EA SPORTS College Football in Summer 2024.”
The joint statement from TBG and OneTeam says, in part, “In the wake of this settlement, the parties have agreed to adopt a model that both complements their respective core businesses while separating and operating as completely independent companies. The BrandR Group and OneTeam Partners have chosen to take this path in the best interest of their organizations, their stakeholders and most importantly, due to a shared dedication to protecting and promoting the welfare and future prospects of all college athletes. Both organizations firmly believe in the importance of maximizing the value and opportunities available to athletes in the collegiate marketplace.”
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(Photo: Edward Linsmier / Bloomberg via Getty Images)
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