Sports-themed video games are huge moneymakers for publishers, but using the likeness of a professional athlete in these games is proving to be an increasingly contentious undertaking. The upcoming UFC Undisputed 2009 serves as the most recent example of this, as reports surfaced yesterday that popular fighters Jon Fitch and Josh Koscheck were on the outs with the Ultimate Fighting Championship organization. The reason? They were being asked to sign away their likeness rights for life. For Fitch, the disagreement has become so intense that he had already been cut by the company.

Fitch was let go by the organization earlier this week because he had refused to sign a lifetime contract that would have given the game publisher THQ the right to use his likeness for UFC games. The presentation of the contract rubbed him the wrong way, according to an interview he did with Hardcore Sports Radio: "They basically kicked the door open, guns blazing, pointed it in our face and said, 'Sign this or you're going to pay.'" The contract also wouldn't have given his family payments for the use of his likeness in the event of his death.

UFC President Dana White took Fitch's hesitancy personally and cut Fitch from the organization's roster rather than entering negotiations regarding the specifics of the contract. When asked about the move by MMAJunkie, White's temper seemed to get the better of him: "Let [Fitch] go work with [Affliction]. Let him see what he thinks of those [expletives]. [Expletive] him. These guys aren't partners with us. [Expletive] them. All of them, every last [expletive] one of them." Despite the anger, White's position was clear: UFC was in the business of promoting fighters, and if the fighters didn't like how that was handled, they knew where to find the door.

However, less than 24 hours later, Fitch was back with the UFC and has signed a contract that will allow his likeness to appear in UFC Undisputed 2009. Whether the deal Fitch ultimately agreed to was different from the original contract isn't clear.

This isn't the only recent case involving the rights of professional athletes that appear in sports-themed video games. Earlier this month, a group of retired NFL players won a $28 million judgment against the NFL Players Association, which had allowed their likenesses to be used in Madden football games without appropriate compensation. While the NFLPA announced that it would appealing the verdict, there is serious doubt that the 9th Circuit Court will overturn the decision, as some rather incriminating e-mails demonstrated that the retired players' likenesses were intentionally scrambled so the publisher could avoid paying higher licensing fees.

While Fitch's position with the UFC seems to have been resolved, fellow fighter Josh Koscheck's future with the organization remains uncertain. He's going through with a scheduled fight with Yoshiyuki Yoshida, and isn't allowing himself to be distracted by the contract. "I'll let my people deal with that and I'll deal with it after my fight," he told MMAFighting.com. "I don't want to have any distractions in my preparation. I'm three weeks away from this fight and I haven't read anything on the Internet, I've stayed away from all it."

One thing that is certain: the rights of athletes when it comes to their appearance in video games doesn't seem like an issue that will be resolved any time soon. UFC fighters are not paid nearly as well as other professional athletes, and their health is in very real danger every time they step into the octagon. The trouble is they have no bargaining power; they have to be ready to give up certain things if they want the UFC to make them a star. If they decline these potentially one-sided deals, there are hundreds of other fighters ready to take their place.