Does the NCAA have the authority to do so?
by tdiddy07 (2019-02-05 16:55:49)

In reply to: to be clear, EA is more than willing to make the game  posted by jt

The pro sports license likeness through their player associations, not through the league.

Do NCAA bylaws currently provide authority for it to use player likeness, which players consent to in order to participate? Or do the bylaws just prohibit players from exploiting these rights as a condition for participation? If the former, that presumably would also be among what is challenged.

I don't get the impression that the NCAA itself or member institutions are directly hoarding rights and exploiting them to EA. They just prohibit players from dealing with EA and other entities. So EA formerly acted pursuant to that understanding that no licensing of likeness rights was required.

So EA would be on the hook for past violations unless the statute of limitations ran out on the last time they exploited those rights.

Of course, if EA pays licensing rights to the institutions, when you add players to the mix, those institutions would likely need to take a pay cut from what EA deems is the total licensing fee expenses permitted by the market for EA to make a profit.

Assuming some body is formed with the consent of players that is permitted by antitrust and collective bargaining law and that deals on behalf of the players.