Michigan may pass a law that kills players' rights to video game revenue


MLB2K10.jpgThe State of Michigan has a bill winding its way through the legislature that would, if passed into law, allow video game manufacturers to use ballplayers’ names and images in video games without their consent, against their will and without any compensation.

The bill is called “The Right of Publicity Act” (text here) and, as so many laws are these days, it’s rather euphemistically named, because it kind of kills that which it purports to protect.  Specifically, one’s right of publicity, which is a legal concept that deals with the commercial exploitation of one’s name, likeness, voice or personality, and generally keeps companies from slapping famous people’s faces on their products all willy-nilly.

This right is also why those who make video games involving major league sports must get permission from the individual players — or, more commonly, their unions, which have been delegated the rights by individual players — to use names and likenesses.

Why was the centerfielder for the All-Stars named Guy Jose in the old Commodore 64 game “Hardball Baseball”? Because the Accolade video game company didn’t want to pay to use a real ballplayer’s name. It’s the same reason why games that do have some real players’ names and likenesses use a phony names if, say, the real player isn’t a member of the union like the players who crossed the picket line in 1994, or in Barry Bonds’ case due to his refusal to grant the union his publicity rights for such purposes, choosing to go out on his own.

This Michigan bill, however, takes those rights away by specifically exempting video games from right of publicity laws.  This means that if this law passes, a Michigan-based video game manufacturer could, if it were so inclined, put Evan Longoria in its games, slap his face on the cover of the box and sell the thing even if Longoria objected.  And they wouldn’t have to pay him. To be sure, Michigan is only one state, and it isn’t a state that has a booming video game manufacturing industry.  But right of publicity laws are creatures of the states, not the United States Code, and in those cases states tend to copy each other, if not try to outdo each other.

You have to figure that the MLBPA is strongly opposed to this law, but I don’t think you don’t have to be a ballplayer to find this troubling.  People should be able to control how their names and likenesses are used (or not used) in commerce, and for that reason, this law should not be passed.

If this subject motivates you like it motivates me, contact Pam Byrnes, the bill’s sponsor and tell her you think it’s a bunch of baloney.

And if it does pass? Well, at least we can find someone to make a video game with her as the main character. 

Lineups for Dodgers-Cubs NLCS Game 6

CHICAGO, IL - OCTOBER 16:  Kyle Hendricks #28 of the Chicago Cubs throws a pitch in the first inning against the Los Angeles Dodgers during game two of the National League Championship Series at Wrigley Field on October 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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With Game 6 of the NLCS just hours away, the Dodgers will opt for a lefty-heavy lineup against right-hander Kyle Hendricks. Batting leadoff is rookie outfielder Andrew Toles, who made one appearance at the top of the lineup during the 2016 season. The Cubs, meanwhile, will bench Jason Heyward in favor of Albert Almora Jr.. This will be Almora’s first start of the playoffs, and while he has yet to face Kershaw in October, his right-handed bat could play well against the lefty at the bottom of the lineup.

Game time is scheduled for 8 PM EDT; lineups are below.


1. Andrew Toles (L) LF
2. Corey Seager (L) SS
3. Justin Turner (R) 3B
4. Adrian Gonzalez (L) 1B
5. Josh Reddick (L) RF
6. Joc Pederson (L) CF
7. Yasmani Grandal (S) C
8. Chase Utley (L) 2B
9. Clayton Kershaw (L) LHP
1. Dexter Fowler (S) CF
2. Kris Bryant (R) 3B
3. Anthony Rizzo (L) 1B
4. Ben Zobrist (R) LF
5. Javier Baez (S) 2B
6. Wilson Contreras (R) C
7. Addison Russell (R) RF
8. Albert Almora Jr. (R) RF
9. Kyle Hendricks (R) RHP

Report: Kyle Schwarber will return to the Arizona Fall League on Saturday

CHICAGO, IL - AUGUST 16:  Injured player Kyle Schwarber #12 of the Chicago Cubs is seen in the dugout before a game against the Milwaukee Brewers at Wrigley Field on August 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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UPDATE, 5:08 PM EDT: Cubs’ manager Joe Maddon will not rule out a World Series appearance for Kyle Schwarber if the Cubs advance. MLB.com’s Carrie Muskat reports that Schwarber could play through a simulated game on Sunday, during which the Cubs’ medical and baseball staff would evaluate his chances for a late season return. If he does play, it will likely be in a pinch-hitting or DH role and not on the field.

Cubs’ outfielder Kyle Schwarber will return to the playing field on Saturday, per a report by the Chicago Tribune’s Mark Gonzales. The club’s prized left fielder suffered a season-ending injury when he collided with Dexter Fowler back in April, tearing both his ACL and LCL and undergoing intensive knee surgery later that month.

While no nerve damage was discovered during the surgery, the Cubs have kept a close eye on Schwarber during his recovery and put a kibosh on any part-time or full-time role with the team until the spring of 2017. Getting a few reps in during the Arizona Fall League appears to be the last step in the 23-year-old’s rehab process. He will be part of the Mesa Solar Sox’ ‘taxi squad,’ making him eligible for games on Wednesdays and Saturdays only.

Schwarber batted .246/.355/.487 with 16 in 69 games with the Cubs during his debut season in 2015. He will be added to the Mesa Solar Sox roster in advance of their set against the Salt River Rafters on Saturday evening.