LAW OFFICES OF RON MIX
Ronald J. Mix, Esq.
San Juan Capistrano Office:
Richard Taylor, Jr., Esq.Jeffrey Rhoads, Esq.29122 Rancho Viejo Rd., Suite 102San Juan Capistrano, CA 92602
(PLEASE REPLY TO THIS OFFICE)
(619) 688-9630 | fax (619) 688-9604
Ron MixRichard F. Taylor, Jr.Joshua GoldsmithJeffrey Rhoads
Darci L. Mix, J.D.
THE SETTLEMENT OF THE IMAGE RIGHTS LITIGATION REPRESENTS ANHISTORIC OPPORTUNITY FOR A MUTUALLY BENEFICIAL RELATIONSHIPBETWEEN THE NFL AND RETIRED PLAYERSBy Ron Mix
What is the litigation about?
The “Image Rights” litigation, known as Dryer, et al, v. National Football League(which I will refer to as “the Action”), concluded with a settlement agreement thatprovides for the NFL to pay Fifty Million Dollars that will be used to establish twoentities controlled by the retired players: (1) a Common Good Fund that will receive alittle more than Five Million Dollars each year to be used to support health and welfareprograms for retired players, and (2) a Licensing Agency that will permit retired playersto license their group images with the assistance of the NFL. The monies derived fromthe licensing will be distributed on the basis of 75% to the players whose images areused and 25% to the Common Good Fund with the goal of being able to provide moneyfor the Common Good Fund in perpetuity.The Action arose out of retired players asserting that the NFL wrongfully usedtheir identities after their retirement by continuing to show their images in NFL Filmsand other venues, thus violating their rights of publicity. The NFL, in turn, asserted thatthe players consented to the NFL’s use as shown, in part, by the NFL’s consistent use ofNFL Game Footage for more than fifty years with the full knowledge of retired players,and that the public has a right to be informed about the history of events that werewidely publicized when they happened.
The Settlement will not please everyone
I anticipate that the settlement will be greeted with both cheers and jeers byretired players. That is an easy guess because I have participated in discussionsbetween players on both sides of the issue and discussions between legal counsel onboth sides of the issue. The basic sentiment against this settlement is that Fifty MillionDollars is not enough when compared to the benefit that the NFL has received from theuse of NFL Films over the past fifty years. Unfortunately for the players, should the