Seems like a good time to re-up this piece in 2013, which, in turn, was based on a law-school paper I wrote predicting the NCAA’s ultimate defeat in preventing players from profiting from their name, image, and likeness.
NCAA Football, long a staple of the EA Sports gaming line-up, will cease to exist after the current version—a least under that name.
The NCAA announced yesterday that it would not renew its long-standing licensing deal with Electronic Arts. An agreement between the two parties has existed in some form for 20 years. The reason for the change is fairly simple: The Ed O’Bannon lawsuit creates huge potential liability for the NCAA. Should a court rule that the organization must compensate athletes for the use of their likenesses, the NCAA could be on the hook for millions upon millions of dollars, depending on where the “line” is drawn for damages in terms of timing and the size of the class eligible for recovery.
Naturally, the NCAA says that “We are confident in our legal position regarding the use of our trademarks in video games. But, given the current business…
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