Gamechanger: NCAA Student-Athlete Name & Likeness Licensing Litigation and the Future of College Sports
Posted by Social Science Research Network
Gamechanger: NCAA Student-Athlete Name & Likeness Licensing Litigation and the Future of College Sports – Maureen Weston (Pepperdine University School of Law)
ABSTRACT: In re NCAA Student-Athlete Name & Likeness Licensing Litigation is a consolidated lawsuit that arose principally from two federal lawsuits filed in California in 2009 against the NCAA, EA, and the CLC: Keller v. Electronic Arts, Inc., and O’Bannon v. National Collegiate Athletic Ass’n. These cases attack the practice of using the names, images, and likenesses (NIL) of student-athletes in broadcasts and rebroadcasts of games, DVDs, photos, video games, etc., without compensation to the athletes. This Article examines the implications of the challenges raised in In re NCAA Student-Athlete Name & Likeness Licensing Litigation on the future of amateurism, the NCAA, and intercollegiate athletics. Part I provides an overview of the NCAA’s regulatory structure and operations. Part II chronicles the litigation as it has unraveled over the past five years and analyzes the respective arguments involving the legal claims and defenses to the alleged antitrust and right of publicity violations. With the June 2014 trial date looming, the respective parties are entrenched in seemingly intractable positions, in an apparent downward spiral where the prospect of capturing the mutual benefits of commercial opportunities in college sports is at risk. Part III considers the practical impact on NCAA sports, should the plaintiffs’ class claims succeed, and explores options to resolve the dispute in a manner that benefits the interests of all in intercollegiate athletics.
Featured News
Redfin Settles $9.2M Commission Inflation Lawsuits
May 7, 2024 by
CPI
DOJ Supports Colorado’s Efforts to Block Kroger-Albertsons Merger
May 7, 2024 by
CPI
Japan Considers Regulation of AI Developers
May 7, 2024 by
CPI
European Commission Extends Decision Deadline for Ita-Lufthansa Merger
May 7, 2024 by
CPI
UK, US and Australia Sanction Senior Leader of LockBit Cybercrime Gang
May 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI