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O’Bannon case could be a game changer

By Dan Wetzel, Yahoo! Sports

It’s a legal opinion that could have significant impact on the way the business of college athletics is conducted. At the very least, it should make the financial books, contracts and business deals of the NCAA, its conferences and individual schools public, in some cases, for the first time.

U.S. District Court Judge Claudia Wilken denied the NCAA’s request Monday to dismiss a 2009 class-action lawsuit led by former UCLA basketball star Ed O’Bannon over the use of former players’ likenesses in everything from video games to memorabilia to television rebroadcasts.

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I agree with this.

Assume I am a famous college quarterback. (no jokes please)

Who should make the money from selling my college jersey? What about posters of me?

If I don't get the money, shouldn't all the proceeds go toward football scholarships? Why should it go toward paying some professor's salary?

Maybe I should be able to direct the money to a charity of my choice.
Last edited by SultanofSwat
quote:
Why should it go toward paying some professor's salary?


Be careful what you wish for. Not many college baseball programs make a profit. They are subsidized by the university in one form or another...maybe by the football/basketball programs...or maybe by the university at large.

Calling for directing the money made only towards the program or kid that made it likely erases nearly all college baseball.
Except at a virtual handful of schools, NO SPORTS turn a profit. Some come close to meeting their expenses, usually high level football and basketball programs, but almost none turn a profit. No football or basketball programs I know of throw off cash to the non-revenue sports. For the most part, the non-revenue sports just rely more heavily on student fees (included in "tuition & fees" on your child's bill) and donor support.

I frankly do not think the NCAA can appropriate anyone's likeness without compensating them. Most states have laws against its doing so without a contract, and I don't recall my son ever signing any contracts with the NCAA.
I agree the easy answer will be in the scholarship contracts-allowing use of the player's likeness. If they don't want to do that, fine, don't sign the contract, don't take the scholarship. There is no fundamental right to scholarships so as long as a school doesn't discriminate for a taboo reason, and all athletes will sign the same form, problem solved. For the rare player under age 18, it will be interesting as they can't legally be bound by their signature.

It may sound like the NCAA is hosing the players, but look at the revenue the NCAA brings in from TV rights-they already are, this is just one more form of the same old same old.
quote:
Originally posted by TRhit:
I am aware of prgrams that have great baseball facilities thanx to the football and/or basketball programs at their school

Exactly TR! I would be willing to bet that U of KY basketball is supporting many of our other athletic departments. This issue is not as simple as the NCAA vs the athlete owning his image. Quite complicated.
I had a coach tell me what they expected from the players because the players were "working" for the school, that is the player was employed because of the scholarship you have been given

The NCAA will argue that the athlete in getting the scholarship is being rewarded by that fact.

My godson worked for a firm where he invented a certain device but he received no royalites because due too his being employed by the firm they owned everything and anything he invented. No doubt the NCAA will use a similar argument
Last edited by TRhit

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