O'Bannon v. NCAA Decision Explained: Big Takeaways and Case Background

The Supreme Court refused to hear O'Bannon v. NCAA, but this case was significant for reasons that are often overlooked. This case has been characterized as one that sought to allow college athletes should be paid to play their sports – but, it was slightly more nuanced and was about whether these athletes should be compensated for the use of their names, images, and likenesses (NIL) in digital media (particularly video games). The result of this case and Keller v. NCAA, both stemming from In re: Student-Athlete Name & Likeness Licensing Litigation, was that EA Sports discontinued its lines of college video games. However, this case really sought to eliminate NCAA rules that had allowed EA to misappropriate the images and likenesses of two classes of athletes (Division I Men's Basketball and Football). This video explains why this case is significant for current and future litigation involving the NCAA. **Show Notes and Links** What's Your Excuse? (WYE): Empowering leaders to make the right decisions by eliminating excuses and inviting solutions. *The following links are for informational purposes and should not be considered endorsements. This show does not receive compensation if you click on these links. 1. Article about the effect of SCOTUS denying certiorari in O'Bannon: https://www.forbes.com/sites/marcedel... 2. Article about the waivers the NCAA used to require athletes to sign at the beginning of the season, as well as waivers schools continue to use: https://www.chicagotribune.com/sports... 3. Timeline of In re: NCAA Student-Athlete Name & Likeness Licensing Litigation leading up to the O'Bannon trial: https://www.cbssports.com/college-bas... 4. Discussion of NCAA v. Board of Regents of the Univ. of Oklahoma (1984) in relation to O'Bannon: https://www.cbssports.com/college-foo... 5. For a discussion of Economics in Sports, listen to the Going Deep Podcast: -Part 1: https://shoopsgoingdeep.com/episode-e... -Part 2: https://shoopsgoingdeep.com/episode-n... 6. For more information about In re: NCAA Grant-In-Aid Cap Antitrust Litigation (a.k.a. Alston v. NCAA) that breaks down this case in more detail: https://www.neviuslegal.com/insights/... 7. Video Background: Photo by Matt Hoffman on Unsplash WYE Channel on Social Media: Twitter: @wyechannel Facebook: WYE Channel Instagram: wyechannel Email: [email protected] Maddie Salamone on Social Media: Twitter: @madsal15 **Disclaimer** This video may constitute attorney advertising. The ideas expressed in this video by Maddie Salamone, as well as any posted comments, are opinions intended for informational and entertainment purposes only and should not be taken as legal advice. Receipt of this information, or using the YouTube platform or other social media platforms to contact the WYE Channel, does not create an attorney-client relationship.