TITLE

COLLEGIATE ATHLETES: THE CONFLICT BETWEEN NCAA AMATEURISM AND A STUDENT ATHLETE'S RIGHT OF PUBLICITY

AUTHOR(S)
AFSHAR, ARASH
PUB. DATE
September 2014
SOURCE
Willamette Law Review;Fall2014, Vol. 51 Issue 1, p99
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
A student-athlete is widely considered exactly what the name implies: a student first and an athlete second. The governing body of collegiate athletics--the National Collegiate Athletic Association (NCAA)--seeks to protect this status with strict rules that prevent these student-athletes from receiving compensation for their work or to have the right to leverage their personal brands, in a similar manner professional athletes do, without conceding their amateur status. This is where the issue of this Note stems: Amateurism is a concept that contradicts an individual's publicity rights. The NCAA implicitly forces students to abandon their right of publicity in order to participate in collegiate athletics. As with any policy revolution, change is imminent. Ed O'Bannon, a former UCLA basketball player, pursued damages from the NCAA, Electronic Arts, Inc. (EA), and Collegiate Licensing Co. (CLC) for the use of athletes' names and likenesses. O'Bannon was able to settle with EA Sports and CLC, while a California district court ruled that student-athletes could profit from their names, images, and likenesses; this case is widely considered a landmark case that will lead the change in collegiate athletes' rights. Shortly after O'Bannon filed this claim, the NCAA announced that it would not renew its longstanding licensing contract with EA for college football video games, citing "legal and business concerns.". In this Note, I will compare the current NCAA model with the longstanding and continually evolving Olympics model and argue that the Olympics can serve as a sufficient example of granting athletes their rights of publicity while maintaining their status as amateurs. Further, in this note I examine the past, present, and future of the "student-athlete" and their status as amateurs. Specifically, how these present claims in the courts of the United States against the NCAA and its affiliates could reshape college athletics and grant athletes the right to benefit from their own publicity.
ACCESSION #
111811420

 

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