http://ncaabasketball.fanhouse.com/2010/05/26/ncaa-facing-its-own-erin-brockovich/?utm_source=twitterfeed&utm_medium=twitter
The key issue of the lawsuit is this: Should the NCAA compensate former players for the right to sell products -- like video games, highlight videos and jerseys -- that use their likeness, image, names and other intellectual property?
The NCAA, naturally, believes it should not, arguing that it does not actually profit from players' likenesses, and furthermore that all college athletes sign a form that forfeits their right to receive payment from the NCAA or its business partners.
On the other side, of course, are athletes such as O'Bannon, Keller and a growing list of others, including former Michigan and NBA center Eric Riley and Alex Gilbert, who played alongside Bird at Indiana State, who have never seen a penny as the NCAA has morphed into a behemoth that generates huge sums -- reportedly $4 billion annually -- from licensing and media deals. O'Bannon was the lead plaintiff in a case that focused on the NCAA's use of former players' images and likenesses to sell DVDs, "classic" photos and jerseys, while Keller's suit was focused primarily on the video game industry, and in particular how Electronic Arts, the video game titan, utilizes players' likenesses in their games.
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The courts have combined the O'Bannon and Keller cases and there's a decent chance this will go class action. Thoughts?
The key issue of the lawsuit is this: Should the NCAA compensate former players for the right to sell products -- like video games, highlight videos and jerseys -- that use their likeness, image, names and other intellectual property?
The NCAA, naturally, believes it should not, arguing that it does not actually profit from players' likenesses, and furthermore that all college athletes sign a form that forfeits their right to receive payment from the NCAA or its business partners.
On the other side, of course, are athletes such as O'Bannon, Keller and a growing list of others, including former Michigan and NBA center Eric Riley and Alex Gilbert, who played alongside Bird at Indiana State, who have never seen a penny as the NCAA has morphed into a behemoth that generates huge sums -- reportedly $4 billion annually -- from licensing and media deals. O'Bannon was the lead plaintiff in a case that focused on the NCAA's use of former players' images and likenesses to sell DVDs, "classic" photos and jerseys, while Keller's suit was focused primarily on the video game industry, and in particular how Electronic Arts, the video game titan, utilizes players' likenesses in their games.
**********
The courts have combined the O'Bannon and Keller cases and there's a decent chance this will go class action. Thoughts?
