Ten players from North Carolina State’s 1983 national champion basketball team have filed a lawsuit against the NCAA and the Collegiate Licensing Company for unauthorized use of their name, image, and likeness. The players are seeking compensation for the misuse of their publicity rights, specifically related to their iconic victory in the 1983 NCAA Tournament. The team, known as the “Cardiac Pack,” won the championship with a last-second dunk by Lorenzo Charles, a moment that has been frequently replayed as part of NCAA Tournament promotions.
The lawsuit alleges that for more than 40 years, the NCAA and its co-conspirators have profited from the Cardiac Pack’s legendary victory without compensating the players for the use of their names, images, and likenesses. The plaintiffs in the case include former team members such as Thurl Bailey, Alvin Battle, and Terry Gannon, among others. The players are requesting a jury trial and reasonable compensation for the unauthorized use of their publicity rights. The suit highlights the ongoing value that student-athletes provide to the NCAA through archival footage and other products even after they have graduated.
Notably, Dereck Whittenburg, whose missed shot led to Charles’ game-winning dunk, is a staffer in the North Carolina State athletic department but is not among the plaintiffs listed in the lawsuit. The lawsuit argues that the NCAA has continued to benefit from the publicity rights of student-athletes long after they have moved on from college, creating an ongoing income stream for the organization. The NCAA and the nation’s five biggest conferences recently agreed to pay nearly $2.8 billion to settle antitrust claims, pending a judge’s approval.
NCAA spokesperson Michelle Hosick did not immediately return a request for comment on the lawsuit from The Associated Press. The players from the 1983 North Carolina State team are seeking redress for what they see as the systematic and intentional misappropriation of their publicity rights by the NCAA and its partners. The lawsuit aims to hold the organization accountable for profiting from the players’ names, images, and likenesses without their consent. The iconic championship victory and the players’ roles in it have been used for promotional purposes by the NCAA for decades.
The lawsuit filed by the 1983 North Carolina State players shines a light on the ongoing debate over the rights of student-athletes and the use of their name, image, and likeness by collegiate institutions and organizations. As the NCAA continues to generate revenue from college sports, former players are increasingly seeking compensation for the use of their publicity rights. The outcome of this case could have implications for how college athletes are compensated for their contributions to the NCAA’s brand and the promotion of collegiate athletics.
