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

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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. 

Report: Brewers sign Yovani Gallardo to a major league deal

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Free agent right-hander Yovani Gallardo is headed back to the Brewers on a major league deal, The Athletic’s Ken Rosenthal reports. No other terms have been reported yet, as the agreement is still pending a physical.

Gallardo, 31, completed a one-year run with the Mariners before getting his $13 million option declined by the team last month. He provided little value during his time in Seattle, pitching to a 5-10 record in 22 starts and putting up a 5.72 ERA, 4.1 BB/9 and 6.5 SO/9 in 130 2/3 innings as both a starter and reliever.

Still, assuming the veteran righty is on the cusp of a comeback, he may as well try for it with his original club. Gallardo last appeared for the Brewers from 2007 to 2014, racking up a cumulative 20.8 fWAR and peaking during the 2010 season, when he earned his first All-Star nomination and Silver Slugger award. This will be his ninth career season with the club.

Even with Gallardo aboard, the Brewers are expected to continue deepening their pitching stores for 2018. With team ace Jimmy Nelson still recovering from shoulder surgery, the club will enter the season with a projected rotation of Gallardo, Zach Davies, Chase Anderson and Junior Guerra, the latter of whom pitched just 70 1/3 innings in 2017 following a right calf strain and shin contusion. Another big name pitcher could help cement Milwaukee’s rotation and keep them competitive for another year, though they don’t appear to have made any concrete moves in that direction so far.