This football season marks the first time names have accompanied student-athlete statistics in fantasy games. In the past, fantasy producers, including NCAA broadcast partner CBS, were permitted to use only the statistics and numbers of student-athletes. In making the change, fantasy Web sites cited a June court decision, which held that Major League Baseball did not own player names and statistics and both could be used by companies operating fantasy leagues.
The use of student-athlete names has raised issues about the bounds of student-athlete amateurism. During yesterday's meeting of the Knight Commission on Intercollegiate Athletics, commission member Nick Buoniconti criticized the NCAA for not being a strong advocate for the rights of student-athletes. "They [student-athletes] put many, many millions of dollars in the coffers of the universities, and yet no one is willing to go out for them and protect them. I just think it's time for the NCAA to review what their purpose in life is."
Responding to Buoniconti's claims, NCAA Vice President Wally Renfro told the Associated Press he agrees with Buoniconti that the use of a college athlete's name and likeness violates the Association's rules and pushes collegiate sports further down the road toward professionalism (which the Association opposes), but he said the NCAA can't take any action unless directed to by its member universities.
In the case of intercollegiate athletics, the right of publicity is held by the student-athletes, not the NCAA.
And here lies the dilemma.
While the Association and NCAA President Myles Brand have maintained opposition to the use of student-athletes' names in fantasy leagues, it would be difficult, if not impossible, for the Association to prosecute over a right it does not own. Athletes or former student-athletes could take legal action to prevent use of their names, but a lawsuit has yet to be filed.
The NCAA has not been shy in its criticism of the use of names and has sent a letter to CBS declaring its opposition. Brand has also been vocal in opposing use of student-athlete names.
In a recent blog post, Brand made his concerns known. "The acquisition and trading of student-athletes, the substitution of their university or college standing with fantasy team names and all for the sake only of virtual competition, runs counter to some of the most important characteristics that distinguish college from professional sports," he wrote. "Those who participate in college sports are students, and the first purpose of intercollegiate athletics is to enhance the educational experience of those students."
Lacking a change in the legal decision (the ruling could still be challenged by various entities, including the member institutions, the student-athletes themselves or other third parties), Brand maintains, "our [The NCAA's] best option is to influence the industry leader and others to conduct the fantasy leagues with as much deference to the best interests of intercollegiate athletics as possible."
What do you think about the use of names in fantasy leagues? By using names, rather than statistics and numbers, do you think a student-athlete's amateurism hangs in the balance?