O'bannon (95 sweet 16 game) suing NCAA

[Agentdog]

This could open a can of worms. Mike&Mike had a good discussion about it this morning. I think the main issue is the video games and the players images being used in them. I understand the NFL players receive compensation for their "likeness" being used in the video games. You can not use other professionals images without their approval and ultimately compensating them. I think the NCAA players have a good argument. However, college athletes need to remain amateurs. I bet this gets resolved with the players "likeness" no longer appearing on the cover of the video games. Also, I bet no more jerseys sold with the players names on the back. <a rel="nofollow" href="http://sports.espn.go.com/ncb/news/story?id=4346470">

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[lawdawg02]

numbers are fine, because they are "non-specific" (even though we all know who wears that number).

i think o'bannon is right, here. the ncaa uses the images of its players to promote itself and generate money. the problem is that o'bannon is going to have to show that the athletes are illegally coerced or forced to sign over their rights. otherwise, they probably forfeited their rights by signing them away.

the big suit waiting out there is college sports video games. not just athletes' images used on covers, but each and every player whose likeness is used in the game probably has a claim against game manufacturers like EA Sports. you don't have to use someone's name or picture to infringe upon their rights - the creation of the players on the game who are the same size, weight, number, position, and other characteristics is actionable. it would be a sad day for gamers. but the players should have the right to use and make money off their likeness. that's what sells the games (just like the professional games - the players' associations negotiate the rights and make money).

the players probably wouldn't have a right to any money generated from a game, though (like tickets, concessions, sponsorship, television). that would be a different issue.