Dave Pear's Blog

In case some of you missed it last year, there was a lawsuit filed on behalf of all retired football players to recover royalties from the NFL and NFL Films for re-packaging and distributing footage of games from years past. The suit was initiated by attorney and former player Bob Stein (1969 – 1975 Kansas City Chiefs, LA Rams, Minnesota Vikings and San Diego Chargers) and filed in August 2009 and it was originally led by plaintiffs Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini and Ed White.
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Since then, the case has gone through some changes that we’ve learned about through the many public filings available in the court system. We’ve noticed that Zimmerman & Reed is no longer representing this class (all of the plantiffs have apparently fired them) and we have also learned that Hausfeld LLP and Zelle Hoffman (both firms from the ongoing Eller Class action) have now added their weight and resources to keep moving this lawsuit forward with Bob Stein.
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If ever there was a clear action that would benefit Retired Football Players – especially the pre-’93 retirees – this is one that should help to get back more money that’s been taken away from each of you once again, even as the NFL continues to sell (and broadcast) games from the past that demonstrate your direct contribution to the game.
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One of the best examples we like to use is in a related entertainment industry that most people also do not seem to realize or understand: The Music Industry. Did you know that each time a song is played on the radio or at a public event, someone gets paid for it? Did you also know that there is a very powerful entity that’s in charge of enforcing and collecting these music royalties? It’s called ASCAP – American Society of Composers Authors and Publishers. Radio stations pay a small royalty to ASCAP each time a song is played and that money ends up generally getting paid out to the writer, performer and/or composer. (I still recall being in one of the retail stores I owned when I was very young when someone from ASCAP walked in to inform me that we would have to pay an annual fee in order to play broadcast music legally in my store!) And of course, most of you do know that all sports bars that host football game days (especially Super Bowl) also pay fees for the right to do so. But like in the Players Inc. trial where retired players were actually asked to sign Group Licensing Agreements by their own Union so they would supposedly be paid for the use of their likenesses in video games, most retired players are also NOT receiving any royalties for their footage in old games.
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John Houser (Los Angeles Rams 1957 – 1959, Dallas Cowboys 1960 – 1962, St. Louis Cardinals 1963) put it best during a conversation we had at our Conference this past March: “Geez, I always wanted to see old footage of my playing days from the 50′s and 60′s. So when I found that NFL Films was now selling re-mastered DVD’s of some of the games I’d played in, I jumped at the chance to finally have copies for myself. But man, oh man – at $50 a pop (and sometimes as much as $100!), someone’s making a LOT of money and it sure isn’t me because I’ve never received one penny for being in those videos!”
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If you would like more information or would like to make sure that your name is represented in this suit by Bob Stein, Hausfeld LLP and Zelle Hoffman,  please fill out the form below and someone will get back to you. Keep in mind that this is not a legal solicitation – we’re continuing to inform retirees of all the options available to them to take charge of what belongs to you. (Be sure to click the SUBMIT button after you’ve filled in the form. You’ll also receive a copy of your submission as confirmation that your inquiry went through. Thanks.)
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4 Responses so far | Have Your Say!

1. Roman Gabriel
   August 15th, 2011 at 5:47 pm #

   

   I was told many years ago that the NFL owned the uniforms so that gave them rights over us. My issue is that we’re recognized by our numbers as well so we have rights to reimbursement. I’ve owned No. 18 since college!

   Roman Gabriel #18
   16-Year Vet
   LA Rams, Philadelphia Eagles
   1962 – 1978

2. Richard Trapp
   August 15th, 2011 at 6:28 pm #

   

   Dave -

   Thanks for keeping us informed!

   Richard Trapp
   Buffalo Bills, San Diego Chargers
   1968 – 1969

3. Kyle Turley
   August 16th, 2011 at 12:09 am #

   

   Funny how they fined me $25K for throwing my helmet but they don’t have a problem making money from it at least 5 – 10 times every year after that and I don’t see one thin dime! Between a bit in a B movie & my music career, I’ve had more representation from ASCAP & SAG than I ever received from the NFLPA!

   Kyle Turley
   New Orleans Saints, St. Louis Rams, Kansas City Chiefs
   1998 – 2007

4. John Houser
   August 16th, 2011 at 12:54 am #

   

   Thanks for the correction – NFL Films aren’t selling their DVD’s for $30.00. They are selling them for $50.00 and some of their DVD’s cost as much as $100.00 per copy! So, the NFL is making a heck of a LOT more than just $30.00 per copy! And like Kyle Turley said, I haven’t seen one thin dime.

   If you’re curious, check out NFLfilms.com and see what’s offered and at what price.

   John Houser
   Los Angeles Rams, 1957 – 1959
   Dallas Cowboys, 1960 – 1962
   St Louis Cardinals 1963