NCAA, College Athletes, and Video Games

The New York Times has reported that certain collegiate athletes are now taking their claims to court for the right to control the use of their images in relation to products such as video games.  The claimes are being pursued despite a longstanding policy of the NCAA barring its athletes from profiting from their status.  One suit was initiated by former collegiate quarterback, Sam Keller, who filed a class action suit against Electronic Arts and the NCAA, claiming that both organizations “illegally profit from the images of college football and basketball players.”  Separately, and even more recently, former quarterback Ryan Hart filed a lawsuit.  The NCAA has licensed video game manufacturers to create games but without use of the players’ actual names.  The question then becomes whether a user of the video game would still be able to identify the specific athlete without use of the athlete’s actual name.