The Heisman Definitional Dilemma

“The Heisman Memorial Trophy was conceived as an award to “the most outstanding” college football player. Fittingly, the very first winner was a player affectionately famous for being the “one man gang”. He was Jay Berwanger, University of Chicago. We can probably all agree that having the award is a laudable act that rewards virtue on the field. But in law and in life, the devilish detail is in the definitions. We approach the 79th time of the award, where most often the controversy springs from differences in how we define the standard.”

… read the rest at SportsMoney.

NCAA Sues Its Own Agent And Further Eroding Itself

“The NCAA was complicit in using the name and likeness of former student-athletes in video games of EA Sports without player permission or compensation. The NCAA paid a company, Collegiate Licensing Company (“CLC”), to market and handles its intellectual property rights associated with this venture. In several lawsuits, the former players claimed the NCAA, EA Sports as the video manufacturer, and CLC violated antitrust laws, among other laws, conspiring together against the former student-athletes. EA Sports and CLC have recently settled with the plaintiffs, leaving the NCAA to legally fend for itself.”

… read the rest at SportsMoney.

 

Copyright Reclamation For Songwriters Should Extend To Publicity Rights Reclamation For Former College Athletes

“An obscure provision of the United States copyright law allows a creator of music a right to recover control of that creation after 35 years even when that creator signed away his or her rights. These “termination rights” were pursued with success by the former “policeman”, Victor Willis, for his contribution in writing the hit song “YMCA”. He was the lead singer in the group Village People that gained international fame in the 1970’s disco era.  This law went into effect in 1978.”

read more at SportsMoney.

Why The NBA Will Have Better Profit Growth Than The NFL

“Both the NFL and the NBA want to grow their customer base and increase profits by generating additional exploding revenue streams. But while the NFL is playing games in Europe, with high costs of players and venues, the NBA growth international model is more focused on a sleek social media plan – and it is executing at a prolific rate.”

continue at SportsMoney.

Ohio State Football And The Curse Of The Big Ten

“In the interest of full disclosure, I bleed Big Ten, with rooting interests from as early as I have memories. So while I remember the contra-legacy of the “Big Two-Little Eight” I admit the bias of finding any spin to prop up the conference of my youth.

“And admittedly I am hemorrhaging more this year that usual. I can, for example distinguish and lessen the conference pain from the former era. It was a time when only one Big Ten team was bowl bound to the Rose Bowl. So the battle between Ohio State and Michigan was not so painful to the other teams that had lesser expectations and even fewer opportunities to unseat the twosome. But as times changes, so do perceptions.”

continue at SportsMoney.

Former N. Carolina tutor accused of athlete-agent inducement

Rick Karcher, an attorney and six-year director of the Center for Law and Sports at the Florida Coastal School of Law, has researched and written about player-agent regulation.

Reached Thursday in a telephone interview, Karcher said the criminal allegations related to the UNC football scandal are the exception not the norm. The criminal indictments handed up by an Orange County grand jury this week send a caution to rogue and cavalier agents ignoring the rules, he said.

“We’ve seen so many cases over the ages where states never get involved,” Karcher said. “The larger message of this is: although most states are not enforcing their state agents acts, you never know when a state might decide to do so.”

Read more here: http://www.charlotteobserver.com/2013/10/03/4363102/former-n-carolina-tutor-accused.html#.Uk7KZWRATI0#storylink=cpy

Breaking down the NCAA bylaw Johnny Manziel is accused of violating

Rick Karcher, a professor at the Center of Law and Sports for the Florida Coastal School of Law, said the issue will be what powers the NCAA has or doesn’t have to coordinate its investigation.

“If he received money, hands-down that violates the provision,” Karcher said. “The real question then is the NCAA doesn’t have the ability to subpoena witnesses and they’re not in a court of law, so the player doesn’t have the due process protections as if they were in a court setting.”

He said the investigation does not fall in the NCAA compliance and enforcement division and would instead be a matter of student-athlete reinstatement. He said Manziel would be able to appeal if an investigation finds that he did knowingly sell his autograph for money.

“It’s impossible to say what’s ultimately going to happen,” Karcher said.

read the entire story here.

 

Penn State Scandal Shows Courts As The Remedy Of First Resort

Not long ago, there were more traffic lawsuits in Chicago than there were lawsuits in all of Japan. In Japan, it was a badge of honor to be an amicable peacemaker and a badge of disgrace to file a lawsuit for lack of the requite character to avoid it. If there is any doubt about whether the US is still the most litigious nation in the history of the planet, look no further than Planet Penn State. Almost every conceivable group has sued everybody else. I’ll list the lawsuits I remember. Then you tell me how many earnestly attempted to admit their own faults, mediate or arbitrate their differences as a badge of honor.

… read the latest from Roger Groves at SportsMoney.

How Much Johnny Manziel Loses Per Frat Party Ouster

“It seems like 10 years ago that Johnny Manziel won the Heisman Trophy. Post trophy, he’s had a few well-documented public relations mishaps. He has the daredevil football mentality, and that is inherently risky from a business perspective. Over the weekend he chose to go to a party of a fraternity to which he did not belong. He was ousted before entry …”

Read the latest from Roger Groves at SportsMoney.