Comments on: Sports Licensing Corner: Licensing Revolution on the Campuses?

By: Richard R. Bergovoy

Richard R. Bergovoy — Sat, 27 Mar 2010 10:26:40 +0000

Thanks, Tassos. The article by you and your fellow sports law and management scholars is indeed a thoughtful, thorough analysis of rights of publicity claims by student athletes against the NCAA and video game companies. The chart summarizing 9th Circuit rights of publicity cases is enormously helpful.

By: Tassos

Tassos — Sat, 27 Mar 2010 06:23:20 +0000

For the IP theory analysis and the Keller forecast, the ABA Entertainment and Sport Lawyer article under: http://www.kaburakis.com/wp-content/uploads/2009/09/kaburakis.pdf

By: Richard R. Bergovoy

Richard R. Bergovoy — Fri, 26 Mar 2010 20:54:01 +0000

As a matter of fact, there are several class actions pending which include current athletes. One is being lead by Sam Keller, former quarterback for Nebraska and Arizona State, against the NCAA and Electronic Arts on a rights of publicity cause of action. From what I have read, EA is claiming a First Amendment/transformative use defense, saying that video games, unlike ads, can contain creative content that trumps any rights of publicity claim by athletes. We shall see…

By: Dan Feigelson

Dan Feigelson — Fri, 26 Mar 2010 03:32:19 +0000

About time someone tried to pry the veneer of “scholarship” off this huge money-making and hugely exploitative machine. Football and basketball players at I-A schools are about as “amateur” as hockey players were in the USSR. It would be especially interesting to see what happens with current players if the plaintiffs win.