King Ed Goes After The NCAA

by Nestor on Jul 21, 2009 7:19 PM PDT in Basketball

The story is already up in our fanshot section (HT bucknellbruin). King Ed is going after the 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."

Read rest of the AP wire story here.

Well this is not the first time we have seen this issue pop up Bruins Nation. More after the jump.

Back in May 8, I blogged about the story regarding former ASU/Nebraska QB - Sam Keller - suing the NCAA and Electronic Arts Inc. for using athletes' images in video games without "permission and in violation of NCAA rules."

To get the whole setup around the relevant issues of the Keller case (which sounds similar on the basis of this report to Ed's case) in layman's terms go over to Above the Law, where Elie Mystal left with this important warning shot:

The NCAA should be careful. Treating college athletes as second class citizens is not a constitutional right. If Electronic Arts, and Microsoft, and even ESPN ever get on the side of the players, there aren't going to be a lot of courts eager to uphold an unfair restraint on trade.

I am going to guess Ed O and Sam Keller will not be the last atheletes to pursue this kind of legal course and they will have a lot of people around the country (including many here on BN rooting them).

Yeah, I would say the NCAA is on notice now (and they are not exactly operating with a lot of goodwill on the part of fans around the country given what appears to be their random, pathetic, and often disparate enforcement practices with regards to its violations of rules).

GO BRUINS.

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Just as important

is the Supreme Court case between the NFL and American Needle. If I understand it correctly (which is a stretch), then the NFL and all other organizations (NCAA included) would see their power and scope increase tremendously should the NFL win.

by Ryan Rosenblatt on Jul 21, 2009 7:38 PM PDT reply actions

Can you expand more on that case?

Have never heard of it until now.

by Nestor on Jul 21, 2009 7:41 PM PDT up reply actions

All I know is based on what I've read and even that I don't think I fully understand

Here are some links to things I’ve read on it. I’d love to hear some of our lawyers thoughts on this because it’s something that I’m fascinated by.

http://sportsjudge.blogspot.com/2009/06/american-needle-v-nfl-case-going-to.html

http://sports.espn.go.com/espn/columns/story?columnist=munson_lester&id=4336261

http://www.antitrustreview.com/archives/1651

by Ryan Rosenblatt on Jul 21, 2009 7:58 PM PDT up reply actions

From what I understand...

It’s basically whether or not the NFL is exempt from antitrust review when licensing individual trademarks. In other words, whether or not the NFL is considered 32 individual franchises. If the NFL were to win, it would be considered one big entity. In that situation, it would be impossible to file an antitrust suit against the NFL, which could lead to a lot of nasty things.

by Centric on Jul 22, 2009 10:28 AM PDT up reply actions

That's what I understand it as too

and this would be monsterous, for the NCAA more than anyone. If I understand this correctly, a decision in the NFL’s favor would essentially apply to all other leagues, the NCAA included. Well, those other league’s while exempt from antitrust violations, still have to negotiate with unions and agree to a CBA. The NCAA doesn’t even have to do that, giving them power that is downright scary.

by Ryan Rosenblatt on Jul 22, 2009 11:21 AM PDT up reply actions

was there a simliar law suit

Oh mid thought… I was thinking of the old NFLers suing over video game’s useage of the former players and not receiving money. I was hoping old ED was trying to have his say on players staying all four years or something to that affect. I feel for you Ed, as one of my favorite Bruins ever, I won’t say anything bad regarding the issue, because there is not enough supporting the case either way with the information given to us… But I do know car sales are way down… not sure if that has anything to do with it.

Go Bruins!

by westwood12003 on Jul 21, 2009 7:49 PM PDT reply actions

Check

The links in post and read through before asking the questions.

by Nestor on Jul 21, 2009 7:52 PM PDT up reply actions

Apologies if I missed it

But I don’t think you linked to the suit that Westwood was referring to. Retired NFL players sued the NFLPA over their likenesses being used in Madden games. That suit was recently settled to the tune of $26 million, or roughly 10k per player.

by insomniacslounge on Jul 21, 2009 8:36 PM PDT up reply actions

Got it

In that case my apologies to westwood12003.

by Nestor on Jul 22, 2009 4:27 AM PDT up reply actions

Does anyone from Deadspin LLP know if there's a statute of limitations on such a thing?

The suit is interesting, but w/ regards to Ed, it’s been 14 yrs since he was property of the NCAA.

by insomniacslounge on Jul 21, 2009 8:18 PM PDT reply actions

statute shouldn't apply

I’m not an attorney but logically it should seem as though there cannot be a statute on your likeness.

by ucsbbruinfan on Jul 21, 2009 9:15 PM PDT up reply actions

NCAA still uses his likeness and makes money off him

He is not suing for what they did 14 years ago, he is suing for their continual use of his image from then until the present day.

"when you've seen how big the world is, how can you make due with this?"

by silverlakebruin on Jul 22, 2009 6:55 AM PDT up reply actions

It's about time

Go get ‘em, Ed! It is unfair for the players to have their likenesses used without permission years after college. Besides having a right to monetary compensation, former college players should be able to block the use of their images. Imagine playing for the Bruins, and then a decade later, seeing one’s face and the UCLA jersey in an ad for Nike, Bud, or some other disreputable product or service. Students do not assent to such ads at the time they receive scholarships, and thus they should retain control over their images throughout their post-collegiate years.

Sportswriter Dan Wetzel, a longtime observer and critic of the NCAA, writes an article in support of Ed O’s lawsuit. See this article. Ed O’s points seem principled and reasonable.

by bryanucla on Jul 21, 2009 9:30 PM PDT reply actions

Thanks for that link, Bryanucla

That article does a good job distinguishing between Keller’s suit and #31’s. I personally think Ed O has a much stronger case than Keller does. It’s one thing for the NCAA and to profit off your likeness while you’re an active player, but once you’ve left the league, you should be able to get a piece of the pie for any “retro” usages of your image. (With the exception of sale of the actual footage of NCAA games, which to me seems like NCAA and the TV Network’s property.)

To me, this case seems much more like the one between NFL players and the NFLPA that Westwood referenced than it does the Sam Keller suit.

I wonder just how deep the rosters go on those NCAA “classic” teams. If Ed O’ wins the suit, is Bob Myers gonna get a check in the mail?

by insomniacslounge on Jul 21, 2009 9:49 PM PDT up reply actions

Where's the edit button when you need it?

there are few missing and misplaced articles in the comment above. But fortunately, all of you Bruins are smart enough to figure out what I was getting at.

by insomniacslounge on Jul 21, 2009 9:51 PM PDT up reply actions

The best thing about that article

is this (emphasis mine):

When Hausfeld asked Vaccaro for the perfect lead plaintiff – a former athlete with the name and communication skills needed for a major undertaking – Vaccaro called O’Bannon.

Nevermind what you think of Vaccaro…but just another example of an athlete going beyond sports at UCLA.

But hey, what do I know. I’m just the 800 lbs bruin in the room.

by tasser10 on Jul 22, 2009 10:06 AM PDT up reply actions 1 recs