NCAA Publicity Rule Raises Labor, Antitrust, Policy Issues

Law360 (September 9, 2020, 3:03 PM EDT) -- Issues surrounding the right to commercialize one's name, image and likeness are nothing new. Indeed, the proverbial ball was set in motion in 1953 when Haelan Laboratories Inc. sued Topps Chewing Gum Inc. for inducing players to enter into contracts allowing Topps to use the players' photographs.[1]

Since then, public policy and additional considerations have created a groundswell for change. The countless lawsuits and apparent imbalance in corporations and universities making millions off the backs of student-athletes created a movement of sorts which ultimately became too strong to ignore.

California kicked things off with legislative changes. In 2019, the state enacted...

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