Posted on 02/03/2015 10:59:59 AM PST by shove_it
Professional golf caddies have filed a class-action, anti-trust lawsuit against the PGA Tour alleging improper use of the caddies' "likenesses and images."
The suit -- similar to the landmark O'Bannon vs. NCAA action -- seeks access to what it says is a revenue stream worth $50 million annually from caddies wearing of traditional "bibs" adorned with sponsors logos. The caddies are required to display those sponsors' logos controlled by the Tour that derives revenue from them.
The suit was filed Tuesday in the same United States Northern District Court of California that was home to the O'Bannon class-action suit vs. the NCAA involving college athletes.
The caddies' suit states that the tour denied them to profit from sponsors' logos worn on bibs that are required by PGA without compensation. The plaintiffs -- 82 current caddies from 19 US States and one Canadian province -- say the sponsorship value of the bibs is worth $50 million.
"Caddies receive none of that revenue," the suit states.
The suit seeks unspecified actual damages and royalties attributable to the Tour's use of the caddies' "likeness and images in commercial activities."
[...]
(Excerpt) Read more at cbssports.com ...
Yah that occurred to me too, it does have a whiff of organized labor in it but, what with the prevalence of players’ associations in sports these days, I’m for the caddies.
Apple doesn’t rebroadcast use your likeness to sell its product. It’s more like I sell a product or service say called Korbomite, and put up a web page with a picture of Rush Limbaugh and put up the words, “Rush loves Korbomite!” That is an invasion of privacy of the appropriation of likeness sort. Here, the caddies likenesses are on national TV just above the advertisement on the bib. I like the case for the caddies.
So you’re saying these caddies are just looking for a little something—you know—for the effort.
On second thought, let me amend my reply #21.
The article is not clear as to whether or not the caddies signed a ‘release’ to participate in the tournament, that requires them to wear the bib with the sponsors’ logo. But if they have signed such a release, as you say, “let them go find another job”.
The player pays the caddie. The PGA has requirements for people on the course during the tournament, including the caddie. They require the bib when on the course.
So, they don’t pay the caddie but require him to provide an advertising service.
The caddies don’t work for the PGA, they work for the players. The players agree to the contract that the caddies will wear the bibs, the players should compensate the caddies since the prize money covers the players salary. If the players don’t want to pay the caddies for it, they can go without a caddy, as there is nothing in the rules that require one.
The PGA isn’t making a dime off of the likeness of any caddie.
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