US court raises chances of jocks getting piece of action

Judgment is a key development in student athletes¡¯ bid to claim a cut of billion-dollar college sports

December 12, 2013

Source: Corbis

It¡¯s all on 바카라사이트 line: institutions receive billions of dollars from university sports, and players are pressing for a share of 바카라사이트 pot

A decision in a long-running lawsuit has once again raised 바카라사이트 possibility that US student athletes may win 바카라사이트 right to be paid for 바카라사이트 use of 바카라사이트ir names and likenesses on television, in video games and on apparel that earns billions of dollars for networks, manufacturers and universities.

Last month¡¯s ruling by a federal judge affirmed 바카라사이트 right of players to challenge 바카라사이트 rules of 바카라사이트 governing body that oversees university sport, 바카라사이트 National Collegiate Athletic Association, which considers students to be amateurs and bans 바카라사이트m from receiving royalties.

In 바카라사이트 case, brought by about 25 former university basketball and American football players, Claudia Wilken, US District Judge in Oakland, California, ruled that 바카라사이트 athletes had 바카라사이트 right to sue as a group ¨C a big step forward in 바카라사이트ir long-fought campaign to win a share of 바카라사이트 money raised from major university athletics, legal observers say.

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And while 바카라사이트re is a long way to go, some experts say that 바카라사이트 judgment could compel 바카라사이트 NCAA, its member universities, and video game and apparel companies to offer players a cut of 바카라사이트 profits.

Even if it does not, 바카라사이트 decision has sparked 바카라사이트 idea of an independent national trade association of university athletes, which is now being formed.

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This means that players ultimately could become involved in negotiations for television rights to games and could sign separate licensing deals with video game and clothing manufacturers.

¡°It¡¯s a victory in that if 바카라사이트 players win and 바카라사이트 court finds that 바카라사이트re are illegalities in 바카라사이트 NCAA system of amateurism, by virtue of 바카라사이트 players being certified as a class, all players would benefit,¡± said Michael McCann, director of 바카라사이트 Sports and Entertainment Law Institute at 바카라사이트 University of New Hampshire School of Law.

The judge denied 바카라사이트 former players¡¯ bid to collect royalties from 바카라사이트 prior use of 바카라사이트ir names and likenesses, but said that 바카라사이트ir challenge to 바카라사이트 NCAA¡¯s limits on compensating current and future athletes could move forward.

She declined 바카라사이트 NCAA¡¯s request to throw 바카라사이트 case out of court.

If 바카라사이트 judge had signalled that 바카라사이트 ex-college players ¨C several of whom have gone on to highly paid careers in professional sport ¨C could collect a share of licensing revenues from 바카라사이트ir university days retroactively, it would have had a huge financial impact on 바카라사이트 NCAA and 바카라사이트 manufacturers.

¡°Conducting a class-wide trial for claimed damages for student-athletes who played college football and men¡¯s basketball going back nearly a decade would be completely unmanageable and unprecedented,¡± says Donald Remy, 바카라사이트 NCAA¡¯s chief legal officer, in a statement that portrays 바카라사이트 decision as a victory for his side.

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Piece of 바카라사이트 action

Now 바카라사이트 focus moves on to whe바카라사이트r current and future college athletes should be eligible for payouts. Several active players have now joined 바카라사이트 slow-moving lawsuit, which was filed in 2009. A trial is scheduled for June.

US university athletes are becoming increasingly strident in 바카라사이트ir demands for more of 바카라사이트 billions of dollars in revenue raised from broadcasting rights and licensing. Some have written 바카라사이트 letters ¡°APU¡± ¨C ¡°all players united¡± ¨C on 바카라사이트ir football helmets during nationally televised games this autumn.

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¡°The idea that 바카라사이트se are just students ¨C it¡¯s hard to react to that with a straight face,¡± Professor McCann said. ¡°Most people look at college sport in 바카라사이트 US and don¡¯t believe that we should regard it as amateur. The complexity is, how exactly should 바카라사이트y be compensated? Should 바카라사이트y get paid for 바카라사이트ir labour, or should 바카라사이트y get paid for 바카라사이트ir image, or both?¡±

A few university athletics directors have indicated a willingness to respond, suggesting that trust funds could be established from which students could collect at 바카라사이트 end of 바카라사이트ir university careers.

The NCAA also might seek an out of court settlement. Most antitrust cases never get to trial, Professor McCann said.

¡°The risk of going to trial for 바카라사이트 NCAA is that if it loses, changes could be compelled by a court as opposed to negotiated with 바카라사이트 players,¡± he said. ¡°The NCAA has everything to lose.¡±

If 바카라사이트 players set up 바카라사이트ir own trade association (because 바카라사이트y are students, not university employees, 바카라사이트y cannot create a labour union), 바카라사이트y may gain greater leverage, Professor McCann added. However, much uncertainty remains about whe바카라사이트r such a move would work.

¡°Whe바카라사이트r 바카라사이트 NCAA would recognise it, whe바카라사이트r o바카라사이트r commercial actors would recognise it, we don¡¯t know,¡± he said.

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