Chris CrockettWhat about us? NCAA Athletes Suing Over Non-Compensation
July 27th 2009 14:06
I stumbled upon this article in the NY Times recently in an article written by Pete Thamel:
Lawyers for the former U.C.L.A. basketball star Ed O’Bannon filed a class-action lawsuit against the N.C.A.A. on Tuesday, claiming former athletes should be compensated for the use of their images and likenesses in television advertisements, video games and apparel.
O’Bannon is the lead plaintiff in this case but there are also many other former Division 1 athletes involved as well in the suit vs. the NCAA. I found this to be very interesting and honestly I had no idea that the NCAA brings in an estimated $4 billion through licensing deals dealing with player images. Amazing.. Now, keep in mind, I have no idea of O’Bannon’s intentions as he files this class action suit, nor do I of the intentions of his fellow former D-1 athletes that are joining him as plaintiffs. For all I know they need money and are going after the NCAA for some ‘financial aid.’It is reported that O’Bannon is doing just fine working in marketing and sales for a Las Vegas car dealership, so there’s a chance he’s doing this for the greater good of others that come after him in D-1 NCAA athletics. He said, “My biggest thing really and truthfully is making sure that every student-athlete gets compensated for what they’ve done. If your likeness is being sold, you should be compensated.”
What do I think of this situation? Well, to be honest I have mixed feelings on this one. See, every D-1 athlete signs what is called an “08-3a form” which basically gives the NCAA all rights to your rights to make money from your name or likeness while in college. Most of these kids are getting scholarships to come to a Division 1 school and they can take whatever they want out of the experience. They can educate themselves on the school’s dime or at least have most of their tuition paid on the school’s dime.(if not awarded a full scholarship) They have an opportunity to let their extreme talent in any given sport, get them a degree(if they choose to) that many kids may not have been able to afford. Previously, I had a HUGE problem with the NCAA in terms of not letting these kids work part time while being D-1 scholarship athletes, but over ten years ago now Proposition 62 was passed and those kids can now work part time jobs during the school year. I found it to be ridiculous that they previously could not do so, while other D-2 or D-3 athletes could. Now, as far as this current lawsuit, no hard number has been provided to the public on what O’Bannon and company are looking to be paid. My take on it is, if the NCAA is going to use their likeness in video games, apparel, etc.. after they have left campus and when the “08-3a form” is no longer in effect, they should in fact be paid something. Don’t look to break the bank, because you have been, in most cases, given a free education while playing a sport that you love by these schools. You can make what you want out of that opportunity. What costs some kids $20-30K per year in tuition and loans that they have to pay back, you are getting the tab picked up by the school. It’s a tradeoff. Maybe it leans more in favor of the NCAA for the big time stars and what they make off of them, but how many guys get scholarships to these schools that don’t turn into stars in college and the school makes no money off of their ‘likeness’? Quite a few. That being said, now that these guys are out of school and aren’t under the NCAA’s control, something should be monetarily awarded to them if you want to keep making money off of their names. I do agree with that, I just hope the ruling in the case doesn’t allow the ex-athletes to break the bank.
Chuck Hanf
Two Cents From Beantown
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Comment by Josh Gans
The reason D-1 athletes were/are not working full-time jobs is because the sport is their full time job. Even while playing D-3 football, I wasn't able to handle a full-time job. School, team, self is the order it goes. D-1 teams don't have down time, they go to class, they practice, lift, train, even in the off season they are in season. Can an 18 year old kid going to a D-1 school handle the sport, the work load at school as well as a 40 hour work week? Not a chance. Especially while also being in the media and beginning a new social life on campus.
Like you stated, these athletes are going to school and earning a degree for little to no cost at all. They're also given an opportunity to make it to the professional level in their respective sport if they choose to work toward that goal. If the school decides to use their jersey number in a video game or put their picture on the front of a brochure in order to increase revenues and more applicants for the school than so be it. These players do not deserve monetary gains for that, they're already being given enough from the institution, that's their way of being able to give back and they should feel proud to be doing so.
Comment by Chuck H
TCFB
We'll agree to disagree on the money end. I'm not ever in favor of paying them while in school but if you are to continue to make money off of them when they are gone, they deserve a small stipend for that. If 'said athlete' doesn't want the money, he can pay back and honor his school by not taking it, but it should be on the table if you ask me. Not a huge amount, but something.
Comment by Josh Gans
Comment by Chuck H
TCFB