Ed O'Bannon vs. the NCAA
by coug2828 on Feb 9, 2010 11:00 AM PST
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Kind of an interesting story. I'd probably want a cut of the loot if I was involved too. The logistics of trying to track down everyone who might be owed some money would be quite a task though. But what the heck, I'm rooting for O'Bannon.
(sidenote: I was buddies with Jay Dumas back in Pullman and remember talking to him about how cool it was that he was on a video game)
http://rivals.yahoo.com/ncaa/basketball/news?slug=dw-obannon020810&prov=yhoo&type=lgns
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Two things jumped out at me in this article
1. "My friend kind of looked at me and said, ‘You know what’s sad about this whole thing? You’re not getting paid for it.’ I was just like, ‘Wow, you’re right.’ It just kind of weighed on me."
2. "The footage has been sold by the NCAA to be used in commercial advertisements for nearly two decades. In most cases, neither Laettner, nor any other player in the footage, has been paid. The O’Bannon lawsuit could cause the NCAA to retroactively compensate everyone in the highlight (the UK players guarding Laettner, the bench players, celebrating Duke teammates, etc.) "
Why stop there? How about the fans that celebrated in the background? Their likeness is being used without compensation. How about the ball boy?
It's definitely interesting
The audience is a different deal. There’s a disclaimer on the back of most tickets that says your likeness can be used without your permission.
I thought the scholarship paperwork said that players cannot make money while they are in school
But, it does not say anything regarding after they leave school. So, O’Bannon is suing the NCAA making the argument that they are still using his likeness and the scholarship only excluded him from making money while a student. The limit stopped when he left school and he should be compensated from that date forward. In other words, the scholarship did not sign away the entirety of the rights, only limited them for a specific period of time.
Yup, that's the crux of the case
The NCAA has always just assumed that any footage or likeness from their NCAA days remain their property. It’s going to be very interesting.
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