The National Collegiate Athletic Association

824 Words Oct 3rd, 2015 4 Pages
After a federal court had found that the National Collegiate Athletic Association (NCAA) violated antitrust laws, former UCLA basketball great Ed O’Bannon said, “This is just the beginning” ( ). The landmark ruling in O’Bannon v NCAA may indeed just begin an evolution that changes amateur athletics. With the ruling, the NCAA can no longer enforce, “any rules or by-laws that prohibit its member schools and conferences from offering their FBS football or Division 1 basketball recruits a limited share of revenue generated for the use of names, images, and likeness in addition to a full grant-in-aid” ( ).
Before the ruling, student-athletes would sign a Statement of Agreement that waives their right of publicity. However, the agreement serves as a contract that grants the NCAA unlimited use of the student-athletes’ name, image, and likeness (NIL) ad infinitum. Without any constraints, the NCAA or their licensing agents could use former student-athletes’ NIL and not share any revenue generated from the NILs. The court found such practices anticompetitive as current and former student-athletes have the right to share in any revenue. As a result, the ruling could establish a precedent that affects all amateur athletics including high school sports. Therefore, this paper will examine the legal aspects of a high school athlete’s right to protect his or her name, image, and likeness.
Privacy Rights: An Overview
An athlete’s right protect his or her NIL is rooted in the…
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