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16.3-Questions and Case Problems Gene Washington, Diron Talbert, and and Sean Lu

ID: 434833 • Letter: 1

Question

16.3-Questions and Case Problems

Gene Washington, Diron Talbert, and and Sean Lumpkin former professional football players, instituted suit on behalf of themselves and a putative class of similiarly situated players alleging that the NFL had monopolized the market for their ikenesses in violation of the Sherman Act. The players argued that because they were not allowed the rights to game footage and images from the games in which they played, the NFL had committed an anti trust violation. The players aleged that they received little compensation from the game footage in which they appeared, while the NFL reaped large sums. The game footage at issue is owned either by the NFL alone or by the NFL and a particular team. In other words, the individual teams did not exculsively own the footageof their own players. Thus the teams had to " cooperate to produce and sell" the footage because "no one entity can do it alone". The district court held that the NFL and its teams could conspire to market each teams indicidually owned property, but not property the teams and NFL can own collectively. the court found no illegal concerted action under the sherman act. Should retired players be permitted to sell their likenesses in footage?

Explanation / Answer

I PERSONALLY THINK THAT INDIVIDUAL PLAYERS SHOULD NOT SELL THIER LIKENESS IN FOOTAGE BUT THAT DOESNT MEAN THEY SHOULDNT SELL IT, BUT THEY SHOULD BE COMPENSATED FOR IT HERES HOW

THERE IS A SOLUTION TO THIS DILEMA NFL BEING A MAJOR COMPANY SHOULD SELL THE TAPES AND MECHENDISE AND GIVE MAJOR OF THE PROFITS OF THE SALE STO THE PLAYERS AND KEEP THE REST SAY 60% AND 40%

THIS WOULD ACT AS MIDDLE GROUND SINCE BOTH THE PARTIES ARE SATISFIED WITH THE DECISION

THIS WOULD BE BETTER AS THE INDIVIDUAL PLAYERS WOULD NOT BE ABLE TO SELL AS MUCH AS THE NFL CAN ON A NATIONAL AND INTERNATIONAL LEVEL

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