okeefe4prez
Well-Known Member
Just a reminder, this case is about revenue generated from images of players. This is not an action to compel the NCAA or Universities to start paying players for playing. It is related but a broader issue.
to clarify my earlier point, Title IX has nothing to do with athletes sharing revenue generated from photos of the athletes. Should the plantif prevail the athlete will get paid for licensing images of their likeness. The spoils will go to the victor(s)
And it makes me wonder.....If I were a high flying recruit .... would my decision factor in where I could cash in the best from my image. I think that's what Delaney is talking about.
Are they assuming that allowing players to receive payment for their image would then create a prescident for paying for play>
There is a theory in antitrust law called the Rule of Reason. http://en.wikipedia.org/wiki/Rule_of_reason
To me, it is abundantly clear that the NCAA's restrictions on players monetizing their likenesses fall squarely within this rule. First, the school needs the license to pass along to a broadcaster for a game because if each athlete does so on their own, network efficiencies are lost. Second, the moment that kids can monetize their images, agents and a whole slew of hangers on get involved. Third, if the kids can sell their images, we'll inevitably hear the sob story of some sick ball player selling his shoe rights for $100k when he turns 18 and signs up for college and how he lost tens of millions of dollars by doing so. He's got no salary, but he wants to monetize his image. He's gonna sell too low. Fourth, the NCAA tries to preserve at least a modicum of competitive balance and the moment Honest Earl's Used Car Lot in Columbus can start buying kids to park on OSU's roster, Iowa doesn't get even marginal (out of high school) guys like Ricky Stanzi or DJK. It can easily circumvent scholarship limits, probation, etc. It would absolutely destroy competitive balance.
The only argument the plaintiffs have is "it isn't fair." Doesn't matter. The NCAA may have a monopoly on the production of high quality sports events with 18-22 year olds, but it is doing absolutely nothing to restrain trade by prohibiting the formation of an ancillary league for these kids to play in where they would be free to be paid and sell their likeness.