Our Blood, Our Sweat, Their Profit: Ed O'Bannon Takes on the NCAA for Infringing on the Former Student-Athlete's Right of Publicity

Addresses whether the NCAA's licensing trade violates the publicity rights of former student-athletes and how the O 'Bannon court should examine remedies for the alleged infringement. Following this introduction, Part II provides a brief history of the NCAA and an explanation of how its rules apply to both current and former student-athletes. Part III explains the evolution of the individual's right of publicity and its development as a state law claim. Part IV discusses how the NCAA's licensing trade enables the organization to infringe upon the student-athletes' right of publicity. The specific applicability of the tort to O'Bannon's claim frames the discussion presented in Part V. Part VI considers the advantages and disadvantages of remedial proposals for player compensation discrepancies and presents a fairness argument for the establishment of a trust fund for former student-athletes. Finally, Part VII concludes with a discussion of the possible repercussions of the O 'Bannon suit and its effect on NCAA practices.