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Recently, Edward O’Bannon, at the age of forty-one and working as a car salesman in Las Vegas, recognized himself in a video game. He became distressed and concerned that his likeness was being used without his consent—and without any form of compensation. Mr. O’Bannon is a former student-athlete who led the University of California, Los Angeles (“UCLA”) to victory in the 1995 National Collegiate Athletic Association (“NCAA”) championship in his senior season. Mr. O’Bannon was considered a fantastic player in the tournament and a “consensus all-American.” In turn, he was drafted ninth by the New Jersey Nets, but his professional career fizzled out and never quite matched the expectations set by his excellent undergraduate career.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 13, 2015. The original post can be accessed via the Archived Link button above.

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