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

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dc.creatorWong, Leslie E.
dc.date.accessioned2022-02-17T22:10:25Z
dc.date.available2022-02-17T22:10:25Z
dc.date.issued2009
dc.description.abstractAddresses 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.en_US
dc.identifier.citationLeslie E. Wong, Our Blood, Our Sweat, Their Profit: Ed O'Bannon Takes on the NCAA for Infringing on the Former Student-Athlete's Right of Publicity, 42 Tex. Tech L. Rev. 1069 (2009-2010)en_US
dc.identifier.urihttps://hdl.handle.net/2346/88819
dc.language.isoengen_US
dc.publisherTexas Tech Law Reviewen_US
dc.subjectPurpose of history of the NCAAen_US
dc.subjectCurrent student-athleteen_US
dc.subjectFormer student-athleteen_US
dc.subjectAppropriation and the athlete's right of publicityen_US
dc.subjectRight to privacyen_US
dc.subjectRight of publicityen_US
dc.subjectDefendant's use of the plaintiff's identityen_US
dc.subjectDefining plaintiff's identityen_US
dc.subjectAppropriation of the plaintiff's name or likenessen_US
dc.subjectNCAA commercial gainen_US
dc.subjectPlaintiff's lack of consenten_US
dc.subjectNCAA licensing tradeen_US
dc.subjectO'Bannon v. NCAAen_US
dc.subjectNational Collegiate Athletic Association (NCAA)en_US
dc.titleOur Blood, Our Sweat, Their Profit: Ed O'Bannon Takes on the NCAA for Infringing on the Former Student-Athlete's Right of Publicityen_US
dc.typeArticleen_US

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