If I Were General Counsel for the NCAA: A Report on How to Properly Exploit Student Athlete’s Right of Publicity

Abstract

In light of the legal, business, and policy interests surrounding Keller, the NCAA should obtain an express license for the use of SA rights of publicity, enumerating the specific subject matter and scope for which use is contemplated. Part I will introduce Keller. Part II will provide a history and discussion of the right of publicity, focusing on the right's application in the sports industry and with respect to video games. Part III will outline the NCAA's current treatment of the right of publicity. Finally, part IV will seek to form a more profitable, efficient, risk averse, and savory plan for the NCAA's development and commercial exploitation of college athletics.