Court Hearing in Manhattan Challenges NCAA’s Use of College Athletes’ Highlights
MANHATTAN — A significant court case was held on Monday, as lawyers for the NCAA and top college conferences gathered to convince a federal judge to dismiss an antitrust lawsuit filed by former college basketball players. The case was initiated by Mario Chalmers, a former Kansas Jayhawk, along with 15 other players, who claim that the NCAA has been exploiting their images and videos, especially highlighting Chalmers’ memorable game-tying shot in the 2008 national championship game against Memphis.
The lawsuit contends that the NCAA has been profiting from these iconic moments without compensating the athletes. Particularly, Chalmers’ shot is cited as a prime example of moments still generating income for the NCAA through various advertisements and online highlight reels. The plaintiff group, which includes notable players like fellow Jayhawk Sherron Collins and University of Arizona alum Jason Terry, believes they deserve payment for the ongoing use of their footage.
During the court session, the NCAA’s legal team argued that the case should not move forward because the players have not participated in college sports for many years, surpassing the four-year statute of limitations for federal antitrust claims. Rakesh Kilaru, a lawyer for the NCAA, emphasized that the athletes had long since lost the ability to claim injury due to their relationship with the NCAA. “The lawsuit in this case is filed by student athletes who, by definition, completed more than eight years ago,” he stated.
On the other hand, Elliot Abrams, representing Chalmers and the other plaintiffs, countered that the NCAA continues to gain financial benefits from the athletes’ highlights, thereby perpetuating harm. “You have to watch an ad before you watch our people perform,” he argued, indicating that viewers are subjected to advertising before accessing these significant moments. “The NCAA is keeping all of the money made,” he concluded.
U.S. District Judge Paul Engelmayer did not make a ruling immediately after the session but raised questions regarding the timing of the lawsuit. He pointed out that the plaintiffs had previously lost rights to their images when they signed on to play at their respective schools. Judge Engelmayer also acknowledged that the ongoing case might overlap with previous legal actions, particularly O’Bannon v. NCAA, a Supreme Court case scrutinizing the NCAA’s practices surrounding athletes’ likeness rights.
This lawsuit is one of many recent challenges against the NCAA during a time of growing changes regarding student-athlete likeness rights. The NCAA made headlines in 2021 by allowing college athletes to profit from their own endorsements for the first time. With this ongoing case, it is clear that debates surrounding athlete rights and compensation are far from over.
