A North Carolina judge dismissed a lawsuit filed by the 1983 NC State men's basketball team seeking compensation for their name, image, and likeness (NIL) rights. Known as the "Cardiac Pack," the team won the national championship against Houston in 1983. The players argued that the NCAA misappropriated their publicity rights for decades. The judge ruled that the claims were untimely and preempted by the federal Copyright Act. Although other lawsuits related to NIL rights continue, this decision impacts the Cardiac Pack's claims specifically.
"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."
"Because their claims are untimely, barred by their failure to allege a violation of a legally enforceable right, and preempted by the federal Copyright Act, dismissal of this action in its entirety is appropriate," Superior Court Judge Mark A. Davis wrote in a 44-page order released Thursday.
"We are proud of these Cardiac Pack players who stood up in the national fight for justice against a system that colludes to exploit young and often vulnerable student athletes," lawyer Stacy Miller stated.
Collection
[
|
...
]