An Evolving NCAA Leading To an Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014)

On the heels of the popular March Madness National Collegiate Athletic Association (“NCAA”) Basketball tournament, and following Northwestern University student-athletes’ success in unionizing, the extent of student-athlete publicity rights is now more contentious than ever. The divide between an ever-profiting NCAA and exploited NCAA student-athletes has sparked an evolving class-action lawsuit by former student-athletes, who challenge the licensing of their images and likenesses. This lawsuit has become a landmark test of the NCAA’s governance and notions about amateurism in college athletics. The outcome of this case will be a possible sign that compensation for both current and former student-athletes may be on the horizon. Regardless of the current litigation’s outcome, both publicity rights standards and the NCAA’s governance are at stake. In turn, a fair NCAA with a new set of regulations is likely to open up a whole new class of legal representation for athletic agents and lawyers negotiating on student-athletes’ behalf