Literature Review #1

Erin Cronk

Citation:

CRONK, E. UNLAWFUL ENCROACHMENT: WHY THE NCAA MUST COMPENSATE STUDENT-ATHLETES FOR THE USE OF THEIR NAMES, IMAGES, AND LIKENESSES. University of La Verne Law Review. 34, 2, 135, June 2013. ISSN: 1944382X.

Summary:

This article covers the various ways through which the NCAA exploits athletes' likeness in order to turn a larger profit. This exploitation ranges from the sale of certain jersey numbers, such as A.J. McCarron's #10 jersey being displayed and sold for profit, to schools signing huge television deals for millions of dollars and using the players on the team as free advertising. The article also covers how the students right of publicity is being violated by the practices that universities and the NCAA use.

About the author:

Erin Cronk is a Junior Assistant at CGC Law and graduated from the University of La Verne in 2013. As a law graduate, she has good insight in the legality of the practices the NCAA uses when they use player likeness for promotions and profit.

Key Terms:

NCAA principle of amateurism: student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the physical, mental and social benefits to be derived. Student participation in intercollegiate athletics is an avocation, and student-athletes should be protected from exploitation by professional commercial enterprises. 

Student-athlete: is a participant in an organized competitive sport sponsored by the educational institution in which he or she is enrolled. 

Quotes:

"The NCAA appropriates the student-athletes' identities in the merchandise market by selling jerseys with numbers that are affixed to the identity of the student athlete who wears that number. While the jerseys do not have the student-athletes' names sewn on to the back of them, the players' likenesses are still being appropriated." Page 145

"Using economic principles, Professor Roger Noll of Stanford, quantified the value of the use of student-athletes' identities in television broadcasts. His research found SEC football players would be entitled to $61.5 million dollars and PAC-10 basketball players would be entitled to $30.4 million dollars. Noll's calculations were 'based on a 50-50 split for telecasts and a one-third split for video games, based on recognized economic principles, examples from professional sports, and examples from music artists' licensing.'" Page 147

 "In addition to high-profile television deals, the NCAA uses the names, images, and likenesses of current student-athletes in many other products, including DVDs, video games, and online streaming content. The NCAA licenses DVDs that document anything from a team's football season, era, or playoff series and sell for approximately $29.99. The NCAA website also provides a variety of downloadable videos featuring the accolades of student-athletes including highlights and championship celebrations." Page 148

Value:

This document proved to be incredibly valuable as it has great explanations as to how athletes' likenesses are being exploited through various mediums be it film, television or video game. The exploitation of athletes is a major focus of the paper and this provides great insight into just what the NCAA and universities use player likeness for.