O'Bannon v. NCAA: Intellectual Property, Antitrust, & College Sports [POLICYbrief]
|Topics:||Corporations, Securities & Antitrust • Education Policy • Intellectual Property • Supreme Court|
When former college athlete Ed O’Bannon discovered that his name, image, and likeness were being used in a popular EA videogame, he sued the NCAA and other organizations for their use of his image for commercial purposes. Along with 20 other former college athletes, O’Bannon asserted that this use was without consent or compensation, and violated laws surrounding both intellectual property and antitrust.
Are colleges and the NCAA collaborating to limit the value of college athletes’ name, image, and likeness? Or are the rules they create necessary to enable competition in college sports? Ed O’Bannon and legal experts explore the legal questions surrounding O’Bannon v. NCAA.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
- Ed O’Bannon, former UCLA & NBA Athlete
- Prof. Michael A. McCann, University of New Hampshire School of Law
- Prof. Ellen Staurowsky, Drexel University
- Prof. Ekow N. Yankah, Benjamin N. Cardozo School of Law
Related Links & Differing Views:
Sports Illustrated: “In denying O'Bannon case, Supreme Court leaves future of amateurism in limbo”
KREM TV: “Washington representative proposes pay for college athletes”
NPR: “Why Shouldn't We Pay Student-Athletes?”
Inside Higher Ed: “An Amateurism Challenge Evaporates, but Others Loom for NCAA”
Above the Law: “NCAA Doubles Down On Comparing Student Athletes To Prisoners”
Ed O’Bannon: “Court Justice: The Inside Story of My Battle Against the NCAA”