Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What Does the O'Bannon Petition Mean for the Future of Amateur Athletics?

Author: Scarinci Hollenbeck, LLC

Date: August 5, 2016

Key Contacts

Back

The O’Bannon Petition & the future of “amateurism”

Ed O’Bannon Jr. and a group of former NCAA athletes have filed a petition to the Supreme Court to not consider the NCAA’s appeal to overturn a decision for intellectual property of athletes’ images and likenesses. This has already been a groundbreaking case for intellectual property rights, but this “O’Bannon petition” has the potential to change not only college sports, but amateur athletics as well.

“This is a groundbreaking case for intellectual property rights.”

The initial case was an antitrust suit over whether athletes should be compensated for their images and likenesses based on First Amendment grounds. In its appeal to the Supreme Court, the NCAA believed the Ninth Circuit decision should have rejected the antitrust suit. Law360 reported that both the former athletes and the NCAA are also seeking a review of the Ninth Circuit’s ruling that athletes are not required to be paid – other than with their college tuitions – but upheld a district court’s decision that NCAA rules against compensation for athletes was anti-competitive.

Background of the appeal to the Ninth Circuit decision

The athletes urged the Supreme Court to review the Ninth Court’s decision that reversed an order to require the NCAA to allow colleges to compensate athletes for use of their names, images and likenesses in deferred licensing payments up to $5,000 annually. Their claim was that the Ninth Circuit’s assertion of amateurism was just another term for compensation restraint for student athletes.

This prompted the NCAA to appeal to the Supreme Court to deny the athletes’ petition. The NCAA then filed a separate petition to protest the fact that it had any antitrust liability with its non-compensation rules for student athletes. Its argument was based on the precedent set in the Supreme Court’s NCAA v. Board of Regents of the University of Oklahoma decision to protect the integrity of amateurism.

The NCAA also asserted that the case was allowed to move forward in lower courts due to the Ninth Circuit’s decision, which in its view misinterpreted First Amendment rights. It argued that the transformative use test could have a potentially adverse impact on intellectual property holders who cannot predict if their work will receive constitutional protection.

The NCAA’s push to appeal the Ninth Circuit decision

The organization petitioned to appeal because it claimed that athletes received no damages for antitrust injuries. As part of the First Amendment, the NCAA argued that athletes would not have been able to make a case for video games using their names, images and likenesses.

The athletes petition not to consider the NCAA’s appeal

Ed O’Bannon and the group of athletes argued that because this is an antitrust case, any First Amendment dispute should be considered in a separate case and has no place in this appeal. The athletes urged the Supreme Court to review the fact that if the videogame companies were involved in the case, the First Amendment would not factor into the decision at all. In fact, because the video game companies were willing to pay for the names, images and likenesses of the athletes, there should be a willingness to compensate them as well.

For more articles dealing with O’Bannon, check out:

  • What does O’Bannon vs NCAA mean for you?
  • NCAA Takes Hit in O’Bannon Lawsuit
  • NCAA’s Request to Delay O’Bannon Lawsuit Causes More Complex Litigation

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!