I don’t know if you caught the news, but the plaintiffs in the O’Bannon suit have filed a motion asking the court to expand the scope of the claim dramatically.
… O’Bannon seeks a judge’s permission to expand the class action to include current D-I football and men’s basketball players. O’Bannon does not ask that current players be paid while in college. Instead, he wants a temporary trust set up for monies generated by the licensing and sale of their names, images and likenesses. Players could access those trusts at the completion of their collegiate careers. A star college quarterback like USC senior Matt Barkley, for instance, generates significant monies for USC and the Pac-12 Conference. Under O’Bannon’s proposed trust, when Barkley finishes his time at USC, he would receive money for four years’ use of his name, image and likeness. Under an economic formula proposed by O’Bannon, players would receive half of the NCAA’s broadcasting revenue and one-third of video game revenue, with the remainder of revenue staying with the NCAA, conferences and colleges.
I’m skeptical the judge will go along with this, but I can’t say this argument in particular doesn’t resonate.
… O’Bannon also dismisses the series of documents student-athletes are required to sign as part of their participation in college sports. These forms require student-athletes to accept the NCAA’s use of their name, image and licensing. If a player refuses to sign these forms, he will be deemed ineligible to play, which could jeopardize his athletic scholarship and ability to afford college. O’Bannon repudiates these forms as “contracts of adhesion” or unenforceable no-choice contracts.
Does anyone think any current football/basketball stars are likely to join O’Bannon’s suit? It sure would be interesting if that happened.
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