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- Aug 27, 2011
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My understanding of the fickle NCAA rules for student-athletes is that if any athlete's image is used for commercial purposes, then that athlete is rendered ineligible. Normally, the NCAA will allow the school to get it removed, but then if it's not, then the athlete is ineligibized (see http://bensbiz.mlblogs.com/2012/01/17/what-goes-around-comes-around/ for an example of a cease-and desist letter). However, this process assumes that the business owner does not want the student athlete to be rendered ineligible. If I owned a business, I could run an ad saying "See Fab Lose" and feature Fab Melo's picture and a promotion for something I'm doing when we play 'Cuse. Naturally, Syracuse would send me a cease and desist letter, but if I ignore it and continue using the image, Fab is rendered permanently ineligible. And as long as they don't own the copyright to the image, they can't sue to have it removed. (and I'm sure there are a lot of open source images out there of some of Syracuse's stars - I can go to a game and take one myself if I can't find one). Or alternatively, find some image of Cuse player(s) with copyright/trademark owned by a UConn fan, and use that with permission. And there's nothing stopping me from rendering any student-athlete I want permanently ineligible. As long as I own a commercial business. Alas, I don't. But if the NCAA's going to be all technical about Boatright, it can work both ways....