There's a dispute over the digital rights surrounding the Black Caps. Photo: Photosport
Relations between the Black Caps and New Zealand Cricket have soured amid a stand-off over digital image rights, with the Players Association saying its relationship with NZC is at an all time low.
The dispute centres around the digital use of Names, Images and Likeness (NIL) and their use by Indian company Nautilus Mobile in the app Real Cricket, for a game called WorldCricket20.
New Zealand Cricket has a deal with Dream 11, an Indian fantasy sport platform, which NZC says gives them exclusive NIL rights to New Zealand players.
The revenue from the Dream11 is split 50-50 between NZC and the Players.
NZC believes the Players Association has unlawfully assigned player rights to the World Cricketers Association, so that its commercial affiliate Winners Alliance can form a partnership with Nautilus to leverage NIL for use in its mobile game.
However, the chief executive of the Players Association Heath Mills disputes NZC's view that it has exclusive rights.
Mills maintains the licensing deal with Real Cricket app doesn't breach any agreement with the national body.
Chief Executive of NZCPA Heath Mills. Photo: Photosport
"In our collective agreement and player contracts we give New Zealand cricket the right to use the player images, name, and likeness etc, in association with their marks and logos but they have never had and never would have the rights to the players images or names etc, without their marks and logos," he said.
"New Zealand Cricket sold rights to the use of the player images in association with New Zealand Cricket property rights to the Dream XI game. But they did not sell those rights to their players without New Zealand Cricket's IP and name etc. So the players are free to do what they want with their personal images.
"Dream Sports may well be raising issues with New Zealand Cricket but the players are not in breach of that agreement, we know the clause and they only have rights to the players in association with New Zealand Cricket's marks and logos."
Mills said the association was very disappointed with the "change in approach" from New Zealand Cricket. The clear reference being that the approach has changed under New Zealand Cricket CEO Scott Weenink, a former Wellington first class cricketer who took up the role in 2023.
NZ Cricket chief executive Scott Weenink. Photo: Photosport
"The players know that we're dealing with a new New Zealand Cricket now. We've had a good relationship with New Zealand Cricket for 23 odd years but we received a round of legal letters from NZ Cricket at the end of last year, which are the first legal letters we've received from them since we were formed in 2002 so the nature of the relationship has changed significantly," Mills said.
"Those legal letters are threatening litigation against the players and are claiming ownership of the players and all their image rights, so they are seeking to control the players."
"There were talks to try and resolve matters over the last three or four weeks but those talks have completely broken down now so not sure where we go to now. But while these legal letters are live, we will need to push back very strongly against that organisation."
In a statement to RNZ, Weenink remained upbeat about discussions maintaining "talks remain constructive, both groups believe they're seeking what's best for the players, and we're hopeful of reaching a satisfactory resolution."
Another factor entwined in all of this is that Mills, who is also the head of the World Cricketers Association and is a director of investment company Winners Alliance which is backing Real Cricket.
Mills said the players put all their image rights into a trust that's been in place in New Zealand for 10 years.
"We have passed those rights through to the World Cricketers Association so the association holds their group collective rights but not in association with any marks and logos of any team or any country.
"Then those rights have been passed on to a company in the US called the Winners Alliance, a sports licensing company, which is very normal. And that company is currently getting licensing fees from the more than 20 video games that operate out of India, so that the players can finally get paid for the use of their images."
But Mills is adamant there's no conflict with him being a director on the Winners Alliance board.
"When the World Cricketers Association onsold the rights through to Winners Alliance, we got a seat around that board table, which I currently sit on that board, to ensure that our player rights all around the world are looked after and treated fairly."
