The truly important cases in the sports industry are few and far between.
A case of epic proportions, Jenkins v. NCAA, was recently tried in federal court in California, but few have heard of it. It is an antitrust lawsuit brought by former NCAA student-athletes who are seeking to recover money from the NCAA to compensate them for their TV appearances.
The former players asserted their right of publicity – the right to profit from the use of one’s name, image or likeness – in claiming that the NCAA violated antitrust laws by not permitting universities to compensate them for appearing in televised games.
If the players win, it will smash the longstanding model of college sports and raise serious questions about the future of televised sports in America.
We are anxiously awaiting the decision of the trial judge, who has favored the position of the athletes in the past. In a case where former student-athletes sued EA Sports for unauthorized use of their images in a video football game, the judge ruled that EA Sports had violated the players’ right of publicity by using their avatars without permission.
Now the players are hoping to get a ruling that the right of publicity extends to televised events and that the NCAA has acted illegally by prohibiting its member universities from compensating the players when they appear in televised games.
If the players prevail, it will increase the cost of televising college sports, which raises serious questions, including:
*Will there be fewer college football and basketball games on TV?
*Will sponsors pay the increased cost of televising college sports such as volleyball, lacrosse, tennis and golf?
Stay tuned.