The amateur model in college sports is in serious trouble, with a federal district judge on Friday certifying a class-action suit against the National Collegiate Athletic Association. Under N.C.A.A. rules, student athletes may not receive compensation — a policy that effectively blocks players from entering into group licensing agreements. The N.C.A.A., however, sells the names and images of players for use in game footage, photographs and video games.
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Twenty-five current and former student athletes, led by Ed O'Bannon, a former basketball star at the University of California, Los Angeles, are challenging the N.C.A.A.'s right to take in billions while players get nothing. Judge Claudia Wilken granted the plaintiffs class certification in seeking injunctive relief, but she denied it for damages (individuals can still pursue claims for monetary damages independently).
If the players win at trial, it could pave the way to a collegiate trade association, which could negotiate collective licensing or television deals and then distribute the proceeds to student athletes as the National Football League Players Association does for professionals.
One potential problem with such a scheme is that everyone may not benefit equally. Male basketball and football players could end up with higher compensation than female players in less popular sports in possible violation of Title IX, which mandates that male and female athletes receive equivalent treatment at schools that accept federal financing.
Instead of waiting to see what happens in court, the N.C.A.A. could move to settle, working with the players to mend the blatantly unfair collegiate-athletic system in a way that addresses the Title IX issue. But, for now, the N.C.A.A. remains obstinate and plans to keep fighting.
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