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34 U. La Verne L. Rev. 135 (2012-2013)
Unlawful Encroachment: Why the NCAA Must Compensate Student-Athletes for the Use of Their Names, Images, and Likenesses

handle is hein.journals/jjuvl34 and id is 147 raw text is: UNLAWFUL ENCROACHMENT:
WHY THE NCAA MUST
COMPENSATE STUDENT-
ATHLETES FOR THE USE OF
THEIR NAMES, IMAGES, AND
LIKENESSES
ERIN CRONK*
INTRODUCTION
On March 10, 2010, former NCAA student-athletes filed a
Consolidated Amended Class Action Complaint in federal court, joining
an antitrust claim against the NCAA, O'Bannon v. NCAA, with a right
of publicity claim   against the NCAA, Keller v. Electronic Arts, Inc.2
Both claims seek damages for the NCAA's refusal to compensate
former student-athletes for the NCAA's use of their names, likenesses
and images after their collegiate careers have ended.3 On August 31,
2012 a motion was filed in the consolidated matter, In re: NCAA
* J.D. Candidate, December 2013, University of La Verne College of Law. I would like to
express my gratitude to Professor Kevin Marshall for his guidance and advice in writing this
Article. Also, I would like to sincerely thank the University of La Verne Law Review staff
and editors for their efforts. Thank you so much to my parents, siblings, and Jonny for all
their love and support during my law school journey. Lastly, a thank you to all the athletes
who remind us that there is nothing to it but to do it.
1. Consolidated Amended Class Action Complaint at   9, Keller v. Electronic Arts
Inc., et al., (N.D.Cal. Mar. 10, 2010) (No. C 09-01967 CW), 2010 WL 908883 (claiming
that NCAA, Electronic Arts, Inc. and the Collegiate Licensing Company committed
violations of the federal antitrust laws by engaging in a price-fixing conspiracy and a group
boycott/refusal to deal that has unlawfully foreclosed class members from receiving
compensation in connection with the commercial exploitation of their images, likenesses
and/or names.).
2. Id. at   6-7 (arguing that the NCAA and Electronic Arts, Inc. have used players'
names and likenesses without their permission or consent in violation of state right of
publicity laws).
3. Id.

135

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