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Image and Likeness; NIL; NCAA; College football; student-athlete; COVID-19; Nationa Collegiate Athletic Association; Fair Pay to Play Act; California Statute SB206; Gavin Newsom; Carnegie Foundtion; college football; intercollegiate sport; amateurism; scholarship; Sherman Antitrust Act; monopoly; Standard Oil v. U.S.; NCAA v. Board of Regents; market; videogames; archival footage; licenses; group licenses; Commerce Clause; Dormant Commerce Clause; NCAA v. Miller; contract; legislation; implementation; independent third party; clearinghouse; negotiate; appeal; title IX;
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Full-Text Articles in Civil Law
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …