The image and likeness rights to current and former student-athletes are valuable assets. For years, the basic deal has been that a school offers a prospective student a one year renewable (by the school) scholarship to students and in return a student becomes a student-athlete, receives an education, and hopefully a valuable degree that may be utilized to obtain gainful employment. As part of the deal, a school and/or conference, and/or the NCAA may monetize the name and likeness of their student-athletes in perpetuity.
Is this a fair deal? This is a question that
is currently being litigated by what is known as the O'Bannon lawsuit.
According to a press release by the law firm representing the O'Bannon
class representatives, there is "a conspiracy by the NCAA and its business
partners, such as videogame manufacturer EA and licensing agent CLC, to license
and sell the names, images, and likeness of current and former student-athletes
without compensation to those student-athletes, under the guise of
amateurism."
The former student-athlete class
representatives Ed O’Bannon, Oscar Robertson, William Russell, Harry Flournoy,
Alex Gilbert, Sam Jacobson, Thad Jaracz, David Lattin, Patrick Maynor, Tyrone
Prothro, Damien Rhodes, Eric Riley, Bob Tallent, Danny Wimprine, Ray Ellis, and
Tate George have now been joined by current student-athletes, Jake Fischer, Jake
Smith,Darius Robinson, Moses Alipate, Chase Garnham, and Victor Keise.
If the court certifies the lawsuit as a class action, the case has the potential to change the financial structure of college athletics. If the lawsuit moves forward, the court may have to determine if the current financial structure of college sports is equitable to all parties. If this occurs, it is possible that the court may determine that a redistribution of college athletic revenues may be in order.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
