Sports Law Attorney in Minneapolis, Minnesota

Why can’t NCAA football players be represented in video games?

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Well, I think the question is the same whether they’re NCAA athletes or whether they’re anybody, whether they’re me or you or anybody else, and that is did we agree to allow you to use my identity, and if so, do I have to be paid for it. And the NCAA context raises a whole host of questions about amateurism, about the contracts they sign, what do they say. And in the instance of the NCAA antitrust case, the trial court said that the players should be paid something for participating in this. But that analysis really is no different than any other situation; you’re just looking at what was agreed to by the parties and what is the right thing to do here.

Minneapolis sports litigation attorney Brian Gudmundson explains how using the identity of NCAA players without their consent and providing them compensation is against antitrust laws.

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