im4LSU

Best probably the USC/ Texas natty in 2005

BUT, one of the most entertaining games ive ever watched has been playing on ESPNU the last couple of days. They are playing games from last year.

It was the FCS national championship between Illinois St. and Montana St. It was a close, competitive game all the way through but the last 5 minutes were absolutely BONKERS!

If you have a chance try to find it and if you dont watch the whole thing, at least watch the last 5 minutes.

:rotflmao: :rotflmao:

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ETA: do they let you have a PlayStation in the hospital

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Yea but remote play is a beast and all I need is my IPad and controller…

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We need to unban SFP so he can weigh in on this

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He’s exactly who came to mind, but I wasn’t going to hold my breath on his time out being lifted :lol:

I posted this on the Rant as well, but I figured I would see what the esteemed folks of The OT had to say as well.

My questions are below the images.

Here is the actual C&D letter from his attorney…..





And below are the results of a quick google search that gives a pretty good overview of how copyright laws and NIL intersect….







My question in general is, did LSU violate the NIL agreement?

I ask because in the letter from the attorney, it states basically that according to the agreement with Jayden and the Athletic Department, LSU was only allowed to use his name/ image/ likeness for 180 days post termination or post expiration grace period for continued use of his NIL, which has obviously expired.

However, my confusion comes when you get into the copyright aspect. LSU is the copyright owner since they are the creators. The search seems to admittedly, get into a gray area when it comes to the usage. It states….

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While LSU retains basic copyright over the images and videos taken of games played on their property, legal experts note that using a former player's likeness for active commercial endorsement, merchandising, or marketing without active contractual authorization or a valid NIL agreement creates a separate legal gray area.

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I would assume that up until Jayden found out that the number was given out, that he had given “contractual authorization” since there was never an issue until now.

The very last section of my search states two things. Number 1….

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If an athlete attempts to sue a school or network simply for broadcasting or distributing past game footage as standard sports history, federal copyright law typically preempts (overrides) state publicity laws. Courts rule that the broadcast itself is a protected creative work, meaning athletes cannot use NIL laws to censor the historical record of games they played.

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To me, this means that he has zero rights to any game footage or produced clips or images as LSU is the copyright owner.

But the second part seems to contradict that. This seems like the “gray area” the search mentioned….

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However, the moment that historical footage is attached to a jersey sale, advertisement, or paid subscription promo, the boundary shifts back to protecting the player's likeness.

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My understanding is that this is where it would revert back to that “contractual authorization” that states the user must have authorization from the athlete. Which again, I would assume LSU had since there was never any issue until now.

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I totally read it the same way, but for some reason we appear to be the only 2 who’ve stated it this clearly. Giving #5 to Pickett was merely the trigger. The cease and desist doesn’t really have anything to do with the number 5 except it’d be hard to use his name, image, and likeness to promote LSU without it.

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Exactly. The number stuff isn’t in the letter because that’s not what the letter is about. The letter is solely referring to LSU profiling off of his name, image, or likeness specifically.

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But it would also prevent LSU from using his likeness like on cups in Tiger Stadium, or having a “Jayden Daniels bobble head night” like they do in MLB for former players. Whether he was wearing #5 or no number at all wouldn’t matter, it would still violate the terms.

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This is my concern and the stuff that I believe the letter refers to. LSU using anything with his name, image or likeness to promote or sell something, sounds like it could be a violation. Assuming the 180 day thing is legit, like you said. But again, that’s where the “contractual authorization” comes back into play. Which I would assume LSU had since there was never any issue up until now if that’s the case then this is an open and shut case.

I want them to remove him from the record books as well if he keeps going with this bullshite.

Give him the Derrius Guice treatment.

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my understanding is that the 180 days thing or however long after an athlete leaves is only for situations like this ..the rule exists just if a player wants to be a complete a-hole. normally it doesn't come up because both the player and school benefit from the continuation of using the players nil

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Right, which is why I assumed that LSU had the “contractual authorization “ needed to continue using his NIL. It was not an issue until this issue came up. He can’t retroactively deny the authorization

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The NIL stuff in the letter was essentially claiming Jayden owned the #5

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Did you read the letter? Nothing in there mentions anything about the #5. I understand that’s his reasoning for this and that was the trigger, but that’s not what the letter is about. It’s about the use of his NIL after the 180 days as stated in the actual agreement and the use going forward.

Are you 7 years old?

Those are fricking hideous.

My questions are below the images.

Here is the actual C&D letter from his attorney…..





And below are the results of a quick google search that gives a pretty good overview of how copyright laws and NIL intersect….







My question in general is, did LSU violate the NIL agreement?

I ask because in the letter from the attorney, it states basically that according to the agreement with Jayden and the Athletic Department, LSU was only allowed to use his name/ image/ likeness for 180 days post termination or post expiration grace period for continued use of his NIL, which has obviously expired.

However, my confusion comes when you get into the copyright aspect. LSU is the copyright owner since they are the creators. The search seems to admittedly, get into a gray area when it comes to the usage. It states….

quote:

---

While LSU retains basic copyright over the images and videos taken of games played on their property, legal experts note that using a former player's likeness for active commercial endorsement, merchandising, or marketing without active contractual authorization or a valid NIL agreement creates a separate legal gray area.

---

I would assume that up until Jayden found out that the number was given out, that he had given “contractual authorization” since there was never an issue until now.

The very last section of my search states two things. Number 1….

quote:

---

If an athlete attempts to sue a school or network simply for broadcasting or distributing past game footage as standard sports history, federal copyright law typically preempts (overrides) state publicity laws. Courts rule that the broadcast itself is a protected creative work, meaning athletes cannot use NIL laws to censor the historical record of games they played.

---

To me, this means that he has zero rights to any game footage or produced clips or images as LSU is the copyright owner.

But the second part seems to contradict that. This seems like the “gray area” the search mentioned….

quote:

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However, the moment that historical footage is attached to a jersey sale, advertisement, or paid subscription promo, the boundary shifts back to protecting the player's likeness.

---

My understanding is that this is where it would revert back to that “contractual authorization” that states the user must have authorization from the athlete. Which again, I would assume LSU had since there was never any issue until now.