Mario Chalmers Among Players Suing NCAA

[M2MPrinciples]

NEW YORK (AP) — Kansas stars Mario Chalmers and Sherron Collins are among 16 former men’s college basketball players who have sued the NCAA and multiple conferences, claiming they are profiting from the unauthorized use of their names, images and likenesses in promoting and monetizing the March Madness tournament.

Chalmers hit a 3-pointer with 2.1 seconds left to force overtime in the 2008 national championship game against Memphis on the way to the title. The lawsuit says the NCAA and Turner Sports Interactive – another defendant – have profited from replaying Chalmers’ shot without paying him.

The Big East, Pac-12, Big Ten, Big 12, SEC and ACC also are defendants in the class-action lawsuit, filed Monday in the U.S. District Court in the Southern District of New York.

“The NCAA has conspired with conferences, colleges, licensing companies, and apparel companies to fix the price of student-athlete labor near zero and make student-athletes unwitting and uncompensated lifetime pitchmen for the NCAA,” the lawsuit states.

The suit said March Madness generates close to $1 billion in annual revenue for the NCAA, but none has gone to the plaintiffs, who are seeking unspecified damages.

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If this holds any ground, sounds like Hak would stand to make a good chunk off all the times CBS/Turner has shown The Block.

 

[miamicuse]

What about the tea bag replay?

 

[jr4750]

What about the tea bag replay?

They can have that one gratis

 

[Capt. Tuttle]

IthacaMatt and others may know about these questions that come to mind:
Are Chalmers and other D-1 athletes, particularly in the P4 conferences, considered public figures?
If so, isn’t there some leeway in how their NIL are used? (Fair use doctrine is a term I have heard, but don’t really understand it, particularly in this context)
Chalmer’s shot, Hak’s block, etc., are images of actual events which occurred in the same event for which they are now being used. How does that play into the ability to use those clips in advertising the tournament/Final Four?
Thanks to anyone who can enlighten me.

 

[cuseincincy]

IthacaMatt and others may know about these questions that come to mind:
Are Chalmers and other D-1 athletes, particularly in the P4 conferences, considered public figures?
If so, isn’t there some leeway in how their NIL are used? (Fair use doctrine is a term I have heard, but don’t really understand it, particularly in this context)
Chalmer’s shot, Hak’s block, etc., are images of actual events which occurred in the same event for which they are now being used. How does that play into the ability to use those clips in advertising the tournament/Final Four?
Thanks to anyone who can enlighten me.

It all comes down to the contract that was in place at the time rights were assigned. I don't believe in 2008 the players had any rights to their NIL essentially. My uninformed opinion is that they still don't have any rights as they are no longer student athletes that may be gaining or have that right now and going forward. That image of Chalmers likely belongs to CBS (?) through their contract in 2008 with the NCAA? If Chalmers wanted to begin making money off that video he would likely have to pay CBS to license it from them. Without CBS he's just a guy making a shot a few thousand people saw in person. Because of CBS millions of people have seen it. That's why they get the money.

 

[FRANKIEFAN]

Surprised they aren’t suing the schools directly. I think eventually most will be forced to come up with some sort of reparations to former players. I assume some one time payment gets made with the player signing off on not expecting anything else.

 

[tbonezone]

Are Chalmers and other D-1 athletes, particularly in the P4 conferences, considered public figures?

said every plumber who resembles mario.

 

[Cuse181]

I predict the lawyers will get quite rich off this case

 

[Capt. Tuttle]

I predict the lawyers will get quite rich off this case

Only if they win.

 

[DonLightfoot]

My goodness, everybody is suing everybody else for some of the most ridiculous things these days in my opinion. Lawyers are loving it I suppose,

What in the world is "amateur athletics" coming to, and I use the term loosely.

 

[two3zone]

My goodness, everybody is suing everybody else for some of the most ridiculous things these days in my opinion. Lawyers are loving it I suppose,

What in the world is "amateur athletics" coming to, and I use the term loosely.

To an end unfortunately. Sport doesn't even resemble what it did 5 years ago sadly.

 

[two3zone]

Surprised they aren’t suing the schools directly. I think eventually most will be forced to come up with some sort of reparations to former players. I assume some one time payment gets made with the player signing off on not expecting anything else.

Don't see how the ncaa or the schools get out of writing some large checks. Probably a hot take but they probably should too.

 

[donniesyracuse]

To an end unfortunately. Sport doesn't even resemble what it did 5 years ago sadly.

Football and basketball were not amateur five years ago either.

 

[two3zone]

Football and basketball were not amateur five years ago either.

At least the players stuck around.

 

[Orangezoo]

This will get really interesting. How will it be taken when the athletes “share” this footage openly on social media? I think that could enter the arena in big way given the athletes are using it to promote themselves and thus are they not getting personal benefit from doing so? Just throwing that out there… and no idea if Chalmers did that at any point.

 

[donniesyracuse]

At least the players stuck around.

Just not the coaches.

 

[FRANKIEFAN]

Don't see how the ncaa or the schools get out of writing some large checks. Probably a hot take but they probably should too.

Yeah. I also don't really see a better use of endowments that realistically will never be used or touched or even diminished than making things right with former players. Probably a 1 time thing where the players agree that is it if they accept a check.

 

[rrlbees]

Yeah. I also don't really see a better use of endowments that realistically will never be used or touched or even diminished than making things right with former players. Probably a 1 time thing where the players agree that is it if they accept a check.

Research endowments.

 

[721Comstock]

Yeah. I also don't really see a better use of endowments that realistically will never be used or touched or even diminished than making things right with former players. Probably a 1 time thing where the players agree that is it if they accept a check.

… except endowments literally cannot be used for this sorta thing.

But, other than that…

Conversely - IF endowments could be used for athletics
Still NOPE!!!
then schools like Harvard, Yale, MIT, and Stanford would dominate any sport(s) they wanted to.

 

[FRANKIEFAN]

… except endowments literally cannot be used for this sorta thing.

But, other than that…

Conversely - IF endowments could be used for athletics
Still NOPE!!!
then schools like Harvard, Yale, MIT, and Stanford would dominate any sport(s) they wanted to.

I mean its reparations for players that were basically used as slave labor not exactly fair student-academic deals they couldn't walk down the street and play for more money elsewhere it was complete collusion. Cut a 1 time check and move on the players still have their degrees and the other benefits they just weren't paid.

1-2% of SU's endowment going towards making things right with former players that played for free would actually bother you?

 

[orangecuse]

I mean its reparations for players that were basically used as slave labor not exactly fair student-academic deals they couldn't walk down the street and play for more money elsewhere it was complete collusion. Cut a 1 time check and move on the players still have their degrees and the other benefits they just weren't paid.

1-2% of SU's endowment going towards making things right with former players that played for free would actually bother you?

I just hate comparisons like this as if these players were forced in any way shape or form. All of them voluntarily ready, willing and abling signed up for it, knowing (by far) it was their best opportunity at the time. Especially, when considering their considerable lack of many other vocational, life skills, etc. of any sort.

FWIW, I also hate when privilege athletes use the expression; "going to war" or the like, it's such an idiotic statement and disregard of the real world reality, and such a frivolous comparison.