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The NCAA as Publicity Enemy Number One

Over a century after its inception, the National Collegiate Athletic Association’s (NCAA) purpose has evolved from preventing athletes’ injuries to preventing their profits. The NCAA limits an athlete’s compensation to tuition, fees, room and board, transportation, and books. Athletes are not allowed to hold jobs or profit from promotional opportunities. The NCAA justifies these restrictions, rightly or wrongly, by championing amateurism. “A basic purpose of [the NCAA] is to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body and, by so doing, retain a clear line of demarcation between intercollegiate athletics and professional sports.” Commentators have commonly and passionately argued that athletes should be allowed to solicit employment or promotional opportunities afforded by their fame. However, this Note analyzes issues arising when college athletes’ likenesses are appropriated for financial gain with the NCAA’s approval—whether college athletes should be compensated under current law for unauthorized uses of their likenesses that are facilitated and approved by the NCAA.