Six college football players joined the lawsuit against the NCAA regarding the use of athletes' names and likenesses. The six players are the first current athletes to join a lawsuit against the association, USA Today Sports.
Arizona linebacker Jake Fischer, Arizona place kicker Jake Smith, Clemson defensive back Darius Robinson, Vanderbilt senior linebacker Chase Garnham, Minnesota senior tight end Moses Alipate and Minnesota senior wide receiver Victor Keise joined a lawsuit filed in the U.S. District Court in California.
The complaint was filed against video game manufacturer Electronic Arts (EA) and the nation's top collegiate trademark licensing and marketing firm, Collegiate Licensing Co. Lawyers for the plaintiffs also amended their lawsuit and included new allegations against the defendants.
The claims include (via USA Today Sports):
"Then-NCAA president Myles Brand in 'public remarks' in 2008, 'conceded' that '(t)he right to license or sell one's name, image, and likeness is a property right with economic value.'
"EA and CLC 'actively lobbied for, and obtained, administrative interpretations of those rules that permitted greater uncompensated exploitation of student-athletes' names, images, and likenesses.'
"In August 2007, when licensing of video games was being negotiated, EA 'offered to establish a 'players' fund' for the use of the (student-athletes') names, images, and likenesses. CLC, negotiating on the NCAA's behalf, instead suggested that the money should go to the NCAA. EA agreed to pay a kicker to NCAA in order 'to align interests and incentivize all parties to help build the category with new rights.' EA made this offer contingent on 'no royalties ... to a player fund.'"
An NCAA spokesperson said via text message, "(The NCAA) will reserve comment until we have had time to read the amended complaint."
The six current NCAA players join a lawsuit featuring former college stars Ed O'Bannon, Oscar Robertson and Bill Russell. The O'Bannon lawsuit alleges that the defendants violated anti-trust law by conspiring not to compensate athletes for the use of their names, images and likenesses in products.
The U.S. District Judge hearing the case hasn't yet ruled whether the suit can be certified as a class action lawsuit, which would allow thousands of former and current NCAA football and basketball players to join.
