Getty Image
Once again, the Name, Image, and Likeness (NIL) situation in college sports has had an unintended consequence as the 1983 NC State national championship basketball team is suing the NCAA.
Members of the 1983 NC State Wolfpack basketball team filed the lawsuit on the grounds that the NCAA has “systematically and intentionally misappropriated” their publicity rights.
In 1983, the 25-9 16th ranked Wolfpack, coached by the late Jim Valvano, upset the top ranked 31-2 University of Houston Cougars in the national championship game in one of the most memorable upsets in college basketball history.
According to the Charlotte News & Observer,
“For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack’s publicity rights — including their names, images, and likenesses — associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack’s legendary victory,” the lawsuit reads.
Plaintiffs in the lawsuit include former NC State players Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.
“The NCAA has for decades leveraged its monopoly power to exploit student-athletes from the moment they enter college until long after they end their collegiate careers,” the lawsuit states. “It has conspired with conferences, colleges, licensing companies and apparel companies to fix the price of student-athlete labor near zero and make student-athletes unwitting and uncompensated lifetime pitchmen for the NCAA.”
Read more at: https://www.newsobserver.com/sports/college/acc/nc-state/article289149009.html#storylink=cpy
Other players who were also on that 1983 Wolfpack team, Sidney Lowe, Ernie Myers, Dereck Whittenburg, Quinton Leonard and Lorenzo Charles, are not listed on the filing. (Leonard died in 2006 and Charles passed away in 2011.)
The plaintiffs, who are seeking a jury trial, are reportedly working with the estates of Charles and Leonard, as well as Lowe, Myers and Whittenburg, with the hopes of getting them added to the lawsuit.
“The NCAA has profited off of our team, and they’ve done the same off of other teams and other athletes. It’s not as if it was a one-off thing,” said Mike Warren. “Especially in our case, it’s been 40 years. I do believe that we would really like to see some equitable treatment across the board for everyone that’s helped promote college athletics.”
Attorneys Stacy Miller and Elliot Abrams are representing the players. Abrams represented North Carolina wide receiver Tez Walker last year in his eligibility lawsuit against the NCAA.