Skip to main content
Unpublished Paper
“CAN I PROFIT FROM MY OWN NAME AND LIKENESS AS A COLLEGE ATHLETE?” The Predictive Legal Analytics of a College Player’s Publicity Rights vs. First Amendment Rights of Others
ExpressO (2014)
  • Roger M Groves, Florida Coastal School of Law
Abstract
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, and the discovery issues of electronically stored information. This article does just that – explores the substance of the tests, the implications of those tests for future cases, and how algorithms may become an integral and important part of those controversies. This is one of the future battlegrounds for this rather unique and emerging body of law.
Keywords
  • Rights of Publicity,
  • free expression,
  • predictive analytics,
  • algorithms,
  • sentiment analysis,
  • student-athletes,
  • NCAA,
  • video game
Publication Date
July 17, 2014
Citation Information
Roger M Groves. "“CAN I PROFIT FROM MY OWN NAME AND LIKENESS AS A COLLEGE ATHLETE?” The Predictive Legal Analytics of a College Player’s Publicity Rights vs. First Amendment Rights of Others" ExpressO (2014)
Available at: http://works.bepress.com/roger_groves/10/