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View Full Version : Former Player Sues NCAA for a Piece of the Pie ... Could it be?


legelegel
07-22-2009, 09:55 AM
Could this be the case that breaks down the NCAA's financial door?

Former Bruin O'Bannon sues NCAA
SAN FRANCISCO -- A former UCLA basketball player is suing the NCAA over its use of former student athletes' images in DVDs, video games, photographs, apparel and other material.

In a federal lawsuit filed Tuesday, Ed O'Bannon says the NCAA illegally has athletes sign away their rights to the commercial use of their images and does not share any of the proceeds from their use with former athletes.

"While the NCAA, its member conferences and schools, and its for-profit business partners reap millions of dollars from revenue streams ..., former student athletes whose likenesses are utilized to generate those profit centers receive no compensation whatsoever," the suit claims.

The lawsuit seeks unspecified damages and calls on the NCAA to pay the former athletes what it has allegedly made from the use of their images. That amount has yet to be determined, said Megan Jones, a partner with the law firm of Hausfeld LLP, which is representing O'Bannon.

It also seeks an injunction on behalf of current student athletes barring the NCAA from licensing the rights to their images.

"There has been an awakening in the former student athletes," Jones said. "They are seeing their images and likenesses in more places now than ever before."

Bob Williams, a spokesman for the NCAA, declined to comment on the suit, saying the NCAA had yet to review it.

"However, the NCAA categorically denies any infringement on former or current student athlete likeness rights," he said.

The lawsuit, which also names the NCAA's licensing representative, the Collegiate Licensing Company, seeks class action status on behalf of former NCAA Division I basketball and football players.

O'Bannon won the national championship with UCLA in 1995 and was named the tournament's most outstanding player. He went on to a short-lived career in the NBA.

A message left for a Collegiate Licensing Company spokeswoman late Tuesday was not immediately returned.

The filing of the lawsuit was first reported by Yahoo! Sports.http://sports.espn.go.com/ncb/news/story?id=4346470

legelegel
07-22-2009, 01:59 PM
http://sportsillustrated.cnn.com/2009/writers/michael_mccann/07/21/ncaa/index.html

OKState918
07-22-2009, 06:10 PM
Frankly, I have no problem with student-athletes being compensated in some form for the money their likenesses make for the NCAA, EA Sports, Collegiate Licensing LLC, etc., but I do find it kind of curious (and slightly funny) that the people bitching the most about not making any money are the has-beens and never-weres of the world.

legelegel
07-22-2009, 07:33 PM
Frankly, I have no problem with student-athletes being compensated in some form for the money their likenesses make for the NCAA, EA Sports, Collegiate Licensing LLC, etc., but I do find it kind of curious (and slightly funny) that the people bitching the most about not making any money are the has-beens and never-weres of the world.

Never-weres? That's a bit harsh and off point. I'm not sure a former collegiate and NBA player is a "never-were". Ed-O was a star power forward for Champion UCLA and was selected ninth by the NBA draft. Yes he was not very successful in the NBA, but he did play later overseas.

Has-beens maybe, but what better group to step up and ask for their fair share, the ones running out of money. I know, that's probably harsh too, but we are back on point.

http://img43.imageshack.us/img43/2564/eobsi.jpg (http://img43.imageshack.us/i/eobsi.jpg/)

illinipoke
07-22-2009, 08:45 PM
They should absolutely get a piece of the action. After all, there wouldn't be any action without the athletes.

bleedorange
07-23-2009, 08:36 AM
They should absolutely get a piece of the action. After all, there wouldn't be any action without the athletes.

They GOT a piece of the action. To the tune of a free education. I'd say they are "paid" quite handsomely.

OKState918
07-23-2009, 09:01 AM
They GOT a piece of the action. To the tune of a free education. I'd say they are "paid" quite handsomely.

I debated this argument at length on the "other" message board, but I'll just say it again for discussion's sake.

It is true that some athletes receive full scholarships, but the truth is, the majority of tuition waivers received by most Division I athletes aren't all-inclusive.

So, while you might be a "scholarship athlete", that doesn't necessarily mean you have any less need for financial assistance as much as any other student.

wickerbill
07-23-2009, 01:07 PM
Though the vast majority (pretty much all of them) are getting paid more to be an NCAA athlete than they would trying to play professionally in their chosen sport.

FloridaPoke
07-23-2009, 02:03 PM
1. College Education = Practice and Playing Time (Fair Trade)

2. Use of Name, Likeness, Brands and ID (Intangible Intellectual Property) without pay = Theft by the School

3. Need for poor kid to have spending money and not being allowed to work is stupid.

These three issues are distinctly separate issues and shouldn't be confused.

Most schools use generic branding and merchandising, but occasionally the use of a specific "star" is premeditated to increase ticket sales and merchandising. And in a few cases, it is rampant.

bleedorange
07-23-2009, 02:18 PM
1. College Education = Practice and Playing Time (Fair Trade)

2. Use of Name, Likeness, Brands and ID (Intangible Intellectual Property) without pay = Theft by the School

3. Need for poor kid to have spending money and not being allowed to work is stupid.

These three issues are distinctly separate issues and shouldn't be confused.

Most schools use generic branding and merchandising, but occasionally the use of a specific "star" is premeditated to increase ticket sales and merchandising. And in a few cases, it is rampant.


I would agree with pretty much all that. I just get a little sick of the athlete getting portrayed as some poor slave who works his ass off for four years for free when that is far from fact.

We keep #1, keep the OSUs from selling "Sanders" jerseys for profit to solve #2, and give a small fixed amount of spendin cash to solve #3 and I think I'd be happy with that.

illinipoke
07-23-2009, 03:35 PM
I would agree with pretty much all that. I just get a little sick of the athlete getting portrayed as some poor slave who works his ass off for four years for free when that is far from fact.

We keep #1, keep the OSUs from selling "Sanders" jerseys for profit to solve #2, and give a small fixed amount of spendin cash to solve #3 and I think I'd be happy with that.

Why stop the schools from making a profit? Why not just make them share the profit with the athletes?

bleedorange
07-23-2009, 04:07 PM
Why stop the schools from making a profit? Why not just make them share the profit with the athletes?

That works too. I'm a tree....I can bend. :biggrin: