Academic Journal
The Emerging Name, Image, and Likeness Industry and the Perils of Appropriating 'Entrepreneurial' Collegiate Athletes' and 'Vengeful' Minors' Property Interests - Historical and Empirical Guidance from Courts' Rights of Publicity, Misappropriation, and Breach of Contract Decisions
| العنوان: | The Emerging Name, Image, and Likeness Industry and the Perils of Appropriating 'Entrepreneurial' Collegiate Athletes' and 'Vengeful' Minors' Property Interests - Historical and Empirical Guidance from Courts' Rights of Publicity, Misappropriation, and Breach of Contract Decisions |
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| المؤلفون: | Rice, Willy E |
| المصدر: | Faculty Articles |
| بيانات النشر: | Digital Commons at St. Mary's University |
| سنة النشر: | 2024 |
| المجموعة: | Digital Commons at St. Mary's University, San Antonio |
| مصطلحات موضوعية: | Willy E. Rice, St. Mary’s University School of Law, entrepreneurial athletes, monetization, names, images, and likenesses, National Collegiate Athletic Association, NCAA, exploitative bylaws, economic interests, student athletes, Universities, image-authorization contracts, NILs, scholarship eligibility, contractual rights, O'Bannon v. NCAA, NCAA v. Alston, property interests, robust remedies, extralegal remedies, redress, legal guidance, historical guidance, statistics, state legislators, business predators, educational institutions, Supreme Court |
| الوصف: | From the late-1880s to the early-2020s, universities and the collegiate sports industry exploited millions of "college kids" as well as their parent investors by preventing "entrepreneurial athletes" from monetizing their names, images, and likenesses (NILs). Yet, during the same era, the collegiate-athletics industry like the movie and music industries appropriated young people's NILs and pocketed billions of dollars. In 2021, the Supreme Court decided NCAA v. Alston and embraced the Ninth Circuit's ruling in O'Bannon v. NCAA. Ostensibly, these decisions and thirty plus state NIL statutes terminated the "official" exploitation of students. Currently, entrepreneurial students and some parents may commercialize students' NILs. But current NIL statutes do not stop corporate entities, businesses, associations, or universities from surreptitiously exploiting students' property interests. This Article explains why the exploitation will continue. In short, current NIL protections are wanting as numerous statutory defenses, conditions, limitations, and exceptions undermine (intentionally or unintentionally) students' publicity and contractual rights. Comparable state and federal statutes offer significantly more protections for young actors and musicians. The Article also outlines the results of an empirical study, revealing the historical and statistical influences of legal and extralegal factors on the dispositions of publicity right, misappropriation, and breach of contract actions in state and federal courts. Generally, students, minors, and parents are significantly less likely to win those types of disputes. And state legislatures' failure to enact more enhanced NIL remedies will arguably encourage "business predators" as well as educational institutions to continue exploiting millions of collegiate and high school students. Also, a failure to enact more robust remedies will likely encourage some exploited students, as well as some parents, to apply extralegal remedies instead of seeking redress in courts of law. ... |
| نوع الوثيقة: | text |
| وصف الملف: | application/pdf |
| اللغة: | unknown |
| Relation: | https://commons.stmarytx.edu/facarticles/766; https://commons.stmarytx.edu/context/facarticles/article/1767/viewcontent/Rice_13BerkeleyJEntSportsL99.pdf |
| الاتاحة: | https://commons.stmarytx.edu/facarticles/766 https://commons.stmarytx.edu/context/facarticles/article/1767/viewcontent/Rice_13BerkeleyJEntSportsL99.pdf |
| رقم الانضمام: | edsbas.6FE5B83 |
| قاعدة البيانات: | BASE |
| الوصف غير متاح. |