“Is That Me I See On The TV?” An Analysis of the O’Bannon Decision

“Is That Me I See On The TV?” An Analysis of the O’Bannon Decision

Journal article

29 pages

0736-7694

Edward O’Bannon is a former student-athlete who led the University of California, Los Angeles (“UCLA”) to victory in the 1995 National Collegiate Athletic Association (“NCAA”) Division I basketball championship in his senior season. Mr. O’Bannon was considered a fantastic player in the tournament and a “consensus all-American.” In turn, he was drafted ninth overall in the 1995 NBADraft by the New Jersey Nets, but his professional career never quite matched the expectations set by his excellent undergraduate career. Recently, O’Bannon, working as a car salesman in Las Vegas, recognized himself in a college basketball video game. He became distressed and concerned that his likeness was being used without his consent—and without any form of compensation. As a result, O’Bannon filed an antitrust suit in July of 2009. The lawsuit eventually received certification as a class action when both current and former athletes, including Oscar Robertson and Bill Russell, joined it later that year.

Published in : Cardozo Arts & Entertainment Law, vol. 33, no. 3 (2016)

[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2016.

eng