A lawyer representing Ed O'Bannon and other former college athletes in its lawsuit against the NCAA and Electronic Arts over their rights to use players' images without compensation said Thursday that the University of Louisville shouldn't be able to sell a Kevin Ware tribute shirt.

"If the university is benefiting in any way by commercially exploiting a student-athlete, it is a right of publicity violation," said Rob Carey, a partner of Hagens Berman Sobol and Shapiro and co-lead counsel on the case.

Representatives for the NCAA and Louisville did not immediately return messages seeking comment, but the page with the shirt on it on Louisville's website noted on Thursday afternoon that "we no longer carry this item."

 

"The fact that there is money going to the scholarship fund doesn't change things," Carey said. "If they didn't ask for Ware's permission, they can't sell the shirt, and if they did ask for his permission and he said 'yes,' that would be an NCAA violation and he would no longer be eligible."

 

The NCAA also has maintained that college players do not deserve royalties from jersey sales because the player's name is not on it. It has been suggested that the number associated with a school could be for any athlete, past or present, but in this case the school and adidas acknowledged it was specifically doing this for Ware.

"Just because he's injured doesn't mean they gain the rights to publicize his image and likeness and use it to make money," Carey said. "And the unfortunate part of this is that he's in no position to say anything. But this is taking away his rights."

 

Lawyer: Louisville Cardinals shouldn't sell Kevin Ware tribute shirt - ESPN

Hands are being forced. I like it. I hope he isn't ruled ineligible but this is very intriguing indeed.

There is no way the NCAA would rule him ineligible, even if the "letter of the law" states it's a violation. The public and media outroar would be unberable even for the inept NCAA governing body who have made so many stupid decisions over the years.

'5' is an 'image or likeness' of Ware?

 

I would say the UK 'Fear the Brow' shirt from last season fits more of what the lawyer is talking about.

 

I am not sure if there is a case for OBannon. Anyone participating in high profile youth sports events 'signs away' their image and likeness for that event. Even if the sponsor profits from it it does not matter the player is not entitled to 'royalties'.

 

When a model is paid for professional photos the model loses all rights to the photos or any profits associated with them. Its part of the contract.

'5' is an 'image or likeness' of Ware?

 

I would say the UK 'Fear the Brow' shirt from last season fits more of what the lawyer is talking about.

 

I am not sure if there is a case for OBannon. Anyone participating in high profile youth sports events 'signs away' their image and likeness for that event. Even if the sponsor profits from it it does not matter the player is not entitled to 'royalties'.

 

When a model is paid for professional photos the model loses all rights to the photos or any profits associated with them. Its part of the contract.

 

This could splinter this thread into a new direction... but Ware isn't paid.

I would say the UK 'Fear the Brow' shirt from last season fits more of what the lawyer is talking about.

 

 

 

The biggest difference is that UK didn't create or distribute those shirts.

The biggest difference is that UK didn't create or distribute those shirts.

Correct. It was essentially equivalent to a guy selling them out of his van.

Zero percent chance he's ruled ineligible.

No legal standing. Either Ware sues UL and the NCAA, or nothing happens. I'm better nothing happens.

Zero percent chance he's ruled ineligible.

 

I wouldn't say zero. I mean I doubt it but nothing he stated is incorrect. So either UL is sued or he is ineligible. This whole mess has opened the door to the Ed O'Bannon case big time. NCAA, UL, and Adidas all screwed up big time.

Zero percent chance he's ruled ineligible.

 

Never rule out the NCAA :lol2:

JEEZ, if these guys monitored the US Government and all it's dealings, maybe we wouldn't be in the mess we are today.

He should be ineligible. It's been said multiple times that Ware said he didn't care where the money went for the shirts so it's obvious they asked him permission. Ineligible. Sorry kid.

He should be ineligible. It's been said multiple times that Ware said he didn't care where the money went for the shirts so it's obvious they asked him permission. Ineligible. Sorry kid.

 

:lol2:

The biggest difference is that UK didn't create or distribute those shirts.

 

Goggles up!