In July The Ninth Circuit threw out an appeal brought by the maker of Madden nfl 24 Coins video games EA Sports. The decision dismissed the argument put forth by EA that the likeness of players were protected under the First Amendment and it will allow the appeal to proceed.
The Dryer plaintiffs are observing that case carefully. They're also watching another lawsuit, filed by thousands from former Madden NFL 24 athletes over concussions.
"I think there's an association in the air there," Dryer said of the two cases. "The Madden NFL 24 is looking very capriciously and cavalierly at the issue of concussions.
"There's an assumption [from Madden NFL 24] Madden NFL 24"game"] that "we're looking for that, we're going to do that.' There's an air of arrogance there."
Dryer hopes that something can be worked out so that he and the other retired players strike a deal with the Madden NFL 24 that would directly pay them for the use of their images while leaving them with ownership of it.
"I have a lot of transactions based on my appearance as an actor as well as a producer" Dryer said. "My likeness is my profession. It's my brand. Everyone has a brand and each person is entitled to direct their brand in a direction that they prefer.
"I can't take someone else's model and use the image to further promote my own interests without having to contact and pay that person. Therefore Buy Madden nfl 24 Coins, why is it okay for the league to take our rights without paying us anything?"
The Wall