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Thursday, February 4, 2010

Barry Bonds and Licensing

Barry Bonds' licensing wasn't related to the MLB Player's Association. Here's an article written by ESPN in 2003 delineating the whole issue.

"Bonds informed the union that he would not be signing the organization's group licensing agreement next year and would instead pursue licensing opportunities on his own.

Players usually sign the group licensing agreement, which allows companies that obtain MLBPA licenses the right to use players' names and likenesses on their products. In exchange for their rights, the players get a percentage of the sale of the products such as trading cards and video games.

The signing of the agreement is usually a formality. In fact, Bonds will become the first union member in the 30-year history of the licensing program not to sign it, said Judy Heeter, director of business affairs and licensing for the MLBPA.

Eric Levin, president of Pro Access Inc., which does the marketing for Bonds, declined comment.

Bonds' decision will have immediate repercussions for baseball fans, who will not be able to purchase Bonds items in MLBPA licensed products, including trading cards and video games. Bonds can sell his licensing rights individually.

Heeter said Bonds can appear separately in card sets, if companies work out deals with him.

"Barry, don't do this! Please, come back!" begged Bill Dully, president of Donruss trading cards.

Dully says Bonds' decision not to participate in the group licensing agreement will make it very hard for card companies to capitalize on his closing in on the all-time home run crown.

Video game companies can get around not having Bonds by featuring a player with a lot of power on the Giants, but without using Bonds' name or number.

While Bonds is the first player to do this in baseball, the move is not unprecedented. Michael Jordan was not part of the NBA Players Association's group licensing agreement, and Washington Redskins linebacker Lavar Arrington has not signed the NFL Players Association's group licensing agreement.

Heeter said she is not concerned that other MLB players will follow Bonds' lead.

"I believe this situation is unique," said Heeter. "For the licensees, we provide them a one-stop shop for securing the rights to the players which would otherwise be impossible to obtain independently. For the players, we provide them with the personnel to market and protect their rights.""

http://sports.espn.go.com/mlb/news/story?id=1661883

1 comment:

  1. The successful founding of the MLBPA changed the landscape of professional sports forever, serving notice that highly skilled athletes would seek the same basic employment rights that people in other professions had long taken for granted. Base salaries, pension funds, licensing rights and revenues were brought to new levels since the founding of MLBPA.

    Since Barry Bonds is not part of the Major League Baseball Player's Association (MLBPA) he will not be apart of video games and baseball cards licensced with the MLBPA. This means that anytime that a product, like a video game, uses Barry Bond's name, Barry Bonds can sue for taking his name without his permission. Also, by not joining the player's union, Barry can come up with his own products and sell them at his price and he gets to keep the money instead of sharing it with the rest of the MLBPA.
    Other people who also did this in sports were Michael Jordan and Lavar Arrington. It worked out very well for Michael Jordan because he made tons of money through his own agreements with other companies. However, Lavar Arrington did not do so well. He tried not signing with the NFL's association as a rookie and ended up not making any money from it. He eventually signed up a few years later.

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