New Concussion commercials incorporate NFL game footage

AP

The movie’s director claims Concussion is a shot between the eyes of the NFL. The marketing effort is now doing the same.

Recent commercials for the film have incorporated actual NFL game footage, interspersed with messages like “COVER-UP.” Per a source with knowledge of the situation, Sony (the studio producing the film) believes that the same “fair use” concept that allows NFL team names, logos, and player likenesses to be used in the film also allow the team names, logos, and player likenesses to be used in the film without running afoul of the copyright and trademark laws.

Players depicted in the commercials include Vikings running back Adrian Peterson.

It’s a boundary that HBO wasn’t comfortable crossing in connection with Ballers, a fictional show that uses team names and logos in the program but that refrained from doing so in the marketing materials.

The league has continuously declined comment on the Concussion film and any topics related directly to it.

29 responses to “New Concussion commercials incorporate NFL game footage

  1. Sounds like Florio thinks it would be smarter for the NFL to go after the movie maker and try to do precisely what they have been accused of, from the beginning.

    That is, being completely non-transparent about CTE, by shutting down avenues of information. Picking a fight like that, at this time would be a PR nightmare worse than letting them show the promos.

  2. With the NFL not exercising its fiduciary responsibility and pursuing action against HBO for said uses in Ballers, it is going to be tough for the league to do much about this if they even wanted to.

  3. Sorry film director and former NFL players, but you will not get my sympathy. While I’m not niave enough to think they didn’t try to supress this information, I am realistic enough to know that it is common sense that repeated head trauma is not good. And now that players know, they still try playing in every game possible even when they have a concussion.

    Lots of jobs carry health long term health risks. Very few get compensated millions of dollars

  4. Players have known for years that bashing your helmeted head into another helmeted head was not a recipe for being damage free as you age. It is sad, but it is what they chose for the all mighty $.

  5. Biggest issue facing the league is the concussion issue which will dry up the supply of young players and fuel endless lawsuits from former players, so I figure Goodell will ignore this issue and instead focus on endzone celebrations and PSI.

  6. jimnaizeeum says:
    Dec 11, 2015 8:30 PM
    “Players have known for years that bashing your helmeted head into another helmeted head was not a recipe for being damage free as you age. It is sad, but it is what they chose for the all mighty $.”
    ****************
    There is nobody capable of reading this, who can honestly say that they DON’T know more about CTE, than they did just 5 years ago, let alone 5 decades ago.
    The issue is, what the NFL knew and DID NOT share with their employees.

    Kinda like the owners of a mine, who know there’s a toxin in the air, but conceal it. Sure the miners know they assume certain risks, but not the ones, when info is purposely withheld.

  7. I can’t believe people don’t see what’s happening here. There’s a movement to destroy the game of football as we know it. This is called fear mongering. you complain about the defenseless receiver rule and then you bash the NFL because you blame them for concussions.

  8. What is the point of the “this telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited” that is shown every game?

  9. @ truthfactory

    Same. Will Smith is one of my favorite actors, so I kinda don’t want to see it for that reason. It’s gonna be so weird to listen to.

    I also think it’s weird that they’re using Luke Wilson to play Roger Goodell. I won’t be able to get over that either. They couldn’t have just used a made-up name??

  10. ….With the NFL not exercising its fiduciary responsibility and pursuing action against HBO for said uses in Ballers, it is going to be tough for the league to do much about this if they even wanted to…

    Wrong on all counts.
    If the NFL did sue in Civil Court, what they do or don’t do with HBO…it will never be admitted as evidence during the trial. It’s a TV Show, not fact or law. And it has not been adjudicated.

    Fact is, one is a TV show, fictitious at best and is not claiming to be representative of any specific person or issue.
    The movie is claiming to be ‘truth’ and more of a biographical history of the issue.
    Big Difference to start.

    I think that unless this movie becomes an Academy Award level movie, and usual with these type of movies (Will Smith?) it will be in theaters for 2 weeks and fade away as we move closer to the playoffs. At that point the NFL will decide that it’s too much of a genitive PR to sue a dead movie and they will move on.

    Most of us will see it on an airplane… how many of you would actually pay to see this? Why? We already know the ending! Will wasn’t killed. The message got out.
    Just like cigarettes in the 1990’s… the fact that it kills doesn’t stop a lot of people from trying.

  11. Thumbs up if you’re stoked about this important film.

    Thumbs down if you have a tough time taking the Fresh Prince of Bel Air seriously in a serious role with a fake accent.

  12. Not watching the movie and I’m tired of the whole subject. I understand you want to milk it for all it’s worth, but you’ve overexposed it.

    Roger Staubach retired in 1980 because he knew his concussions could have long term effects.

  13. qdog112 says:
    Dec 11, 2015 7:56 PM
    Sounds like Florio thinks it would be smarter for the NFL to go after the movie maker and try to do precisely what they have been accused of, from the beginning.

    That is, being completely non-transparent about CTE, by shutting down avenues of information. Picking a fight like that, at this time would be a PR nightmare worse than letting them show the promos.
    ==========================
    Never complain, never explain. Goodell knows that the news cycle time for the movie will be short if he just keeps his mouth shut. And he has already done the opinion poles and they show that very few of the big revenue generating fans really care all that much about the concussion issue. So he gets the additional benefit of the movie slightly clouding over the Brady appeal.
    A little sad isn’t it? Rather than all the focus being on the playoffs and SuperBowl 50, our narcissistic commissioner has to redirect attention to secondary issues. He is pathetic.

  14. senatorblutarsky says:
    Dec 11, 2015 7:15 PM
    phinsfanjoz says:
    Dec 11, 2015 4:58 PM

    Does Goodell’s incompetence have to actually cause someone real physical damage to someone before the owners do something about him?
    _____________________

    Do you mean like how the owners haven’t done anything over the last 50 years through the past three commissioners? But I suppose that was Goodell’s fault as well.
    ==============================
    Perhaps the good senator would have a point if he wasn’t always trying to protect his brother Roger. Family trait gives him away, though. Always says a lot without saying anything.

  15. Goodell and his stooges tried Poo pawing the public’s reaction, the NFL’s standard method of operation, attempting to sweep criticism under the carpet.

    That didn’t work with Bounty Gate, the Ray Rice escapade, or blackmailing Brady over Deflation Gate.

    Goodell and his henchmen have hidden evidence, planted false evidence, out right lied and tried to cover up evidence over such a long period of time that they no longer have any credibility.

    You can lump ESPN, some reporters, and web sites into the same boat.

    I suspect the Concussion Movie will force the owners to finally sacrifice Goodell, trying to use as the scapegoat, covering up their own denial of facts.

  16. Movie will be a bigger bomb than the one Aaron Rodgers threw against Detroit in his last game.

    Anyway, did any body see that new movie yet about Carpal Tunnel Syndrome being on the rise for office workers?

  17. Considering how cautious and conservative Sony’s lawyers were with the content of the film, you’d expect them to have looked at the commercials carefully re: the copyright issue. They probably have a pretty strong argument for fair use.

    Doesn’t really matter, since the league’s p.r. strategy (as Florio and others have consistently pointed out) evidently is to ignore the film and hope it goes away. That strategy doesn’t really line up with suing or threatening to sue Sony over a couple of commercials.

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