EX-NC STATE PLAYERS BRING O’BANNON-INSPIRED LAWSUIT OVER NCAA FOOTAGE

Thurl Bailey, a former forward for the Utah Jazz, along with nine of his teammates from the 1983 NC State men’s basketball championship team, filed a lawsuit against the NCAA and Collegiate Licensing Company in a North Carolina superior court on Monday. They allege that their Name, Image, and Likeness (NIL) rights and publicity have been unlawfully exploited from their famous tournament victory, where they defeated the heavily favored University of Houston Cougars team led by future NBA stars Hakeem Olajuwon and Clyde Drexler. The team, nicknamed the “Cardiac Pack” for their tendency to win in close games, is seeking to halt the continued unauthorized use of their likenesses and demand compensation.

Despite the passage of 41 years since their championship run and the players now being in their 60s, they claim that they are still facing damages from the ongoing misuse of their images. The players cite that full games from the 1983 tournament are available for viewing on the NCAA’s YouTube channel with accompanying advertisements, as well as game footage on NCAA.com that also requires viewers to watch ads.

The lawsuit, Bailey et al. v. NCAA, asserts six claims under North Carolina law, including allegations of antitrust violations and misappropriation of publicity rights. These claims echo similar legal battles, notably Ed O’Bannon’s case against the NCAA regarding the unauthorized use of players’ NIL in video games without proper compensation. The former NC State players argue that they were coerced into relinquishing their rights by the NCAA, member schools, and business partners, which goes against the rights of publicity they inherently possess.

Bailey and his fellow players are pushing for a jury trial, an injunction to stop the unauthorized use of their images, and monetary damages exceeding $25,000. The legal proceedings are being handled by attorney W. Stacy Miller II, a seasoned litigator and former college football player, who is representing the players in their fight for justice.

As the case progresses, the NCAA and Collegiate Licensing Company are expected to respond by denying wrongdoing and seeking the dismissal of the lawsuit. Possible defenses could include arguments such as the claims being time-barred by statutes of limitation or the protection of the First Amendment for the use of game footage. The players, on the other hand, are likely to emphasize the ongoing harm caused by the continued exploitation of their images and the evolving legal landscape surrounding athlete compensation.

Thurl Bailey, now 63, had a successful NBA career, primarily with the Utah Jazz, while some of his teammates did not achieve the same level of success in professional basketball. Despite their varying career paths post-basketball, they are united in their pursuit of fair treatment regarding the use of their likenesses and memories from their historic championship victory.