Why should college football and basketball players be “amateurs”?
If any person is a more insightful sports columnist than Frank Deford, I haven’t read read him yet. In today’s sports world, legal issues never seem far away and a recent Deford column is therefore about a lawsuit.
In 1995, Ed O’Bannon was not merely a star, but a certified basketball hero. He led the UCLA men’s team to its first basketball championship since the departure of the legendary John Wooden. His career since that peak was a disappointment, to say the least. After being drafted by the New Jersey Nets with the ninth pick in the next year’s draft, he lasted just two years in the NBA and was soon traveling the world looking for people willing to let him play professional basketball. For one shining moment, however, he was the face of UCLA basketball.
Fast-forward 13 years and video-game company Electronic Arts releases the latest version of its NCAA Basketball line of games with a new feature. Included in the line-up of possible teams for the player to impersonate were 64 historical teams, including O’Bannon’s 1995 UCLA Bruins. This, of course, meant that O’Bannon’s name and likeness were being used to make money, money that has not (as yet) been shared with O’Bannon.
So what? Another coddled athlete wants more money, right? What else is new?
Hold on, though. If EA put you into a video game without asking you, then you’d have a bone to pick with them, right? Personality rights are the right you have to control how your image is used. When EA puts out an NFL game, they have to negotiate the right to use NFL players’ images. Indeed, when retired NFL players were not compensated for their appearance in the Madden NFL series, the retired players won a $26.35 million settlement. If retired pro players have a right to control their appearance in a video game, why not former college players?
So how did this happen? Very simply, the EA paid the NCAA for the publicity rights. Since by NCAA decree the players are officially amateurs, the NCAA decided it did not have to share the proceeds with the athletes.
The concept of collegiate amateurism is a vestige of a lost world. The first collegiate sporting conference, and the first to officially embody the amateur student-athlete was the Ivy League. Amateurism is a relic of the Victorian era when only the very rich sent their children to college. The whole concept of pure athletic amateurism rests on the assumption that the players have no need to depend on their physical skills for money. In the Ivy League of the Gilded Age, this was undoubtedly true. Harvard’s football captain would become a bank president, or Yale’s rowing coxswain would be a Senator. True, the lower rabble had their vulgar games, but that was of no concern on college campuses.
Why do we as a society insist that every student, of whatever economic background, be held to this anachronistic idea? Why are colleges, broadcasters, athletic conferences, the NCAA itself, merchandisers, and even Las Vegas allowed to fill their coffers while the athletes labor with little compensation other than the hope of one day playing professionally? Everybody connected with student athletes makes money off the sweat of their brow, except the students themselves. What kind of sense is there in that?

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