Former Ohio State quarterback Terrelle Pryor is suing the NCAA, Big Ten, Ohio State and Learfield Communications (Defendants), seeking restitution for the use of his name, image and likeness (NIL), according to the legal filing. Pryor, who is also suing on behalf of those similarly situated, asserts that the Defendants violated the Sherman Act — an antitrust law — and engaged in unjust enrichment.
“The student athletes that work so hard to compete at the highest levels and without whose athleticism the big business would cease to exist were, until recently, excluded from the revenue stream they created by the very rules of the NCAA and its members and co-conspirators.” the filing reads.
The suit argues that the Defendants have generated millions, and perhaps billions, in revenue off of the likes of Pryor and other athletes who participated in college sports prior to 2016, when athletes were unable to capitalize on their own publicity rights. It also claims that the Defendants still use footage and highlights of Pryor’s playing days on sites like YouTube, where the NCAA, Big Ten and Ohio State can make profits off of commercial advertisements.
In that case, even in a video featuring one of his plays, Pryor receives none of the monetary benefit. Pryor is also seeking an injunction preventing the continued use of his name, image and likeness without permission and adequate compensation.
Pryor played at Ohio State from 2008-10 and was the runner-up to the 2010 Big Ten Conference MVP. In December 2010, the NCAA suspended Pryor and four of his teammates for the first five games of the 2011 season amid its investigation into improper benefits received by the players. Pryor’s coach, Jim Tressel, resigned in May 2011 amid the scandal and received a five-year show-cause; Pryor chose to withdraw from Ohio State in June 2011. He was selected in the third round of the Supplemental NFL Draft. He served a five-game suspension to open the 2011 NFL season.
Pryor is the latest in a long string of prominent athletes to sue the NCAA over NIL disputes. In September, former USC star and Heisman Trophy winner Reggie Bush filed a similar lawsuit against USC, the Pac-12 and NCAA seeking compensation for his name, image and likeness while he starred for the Trojans.
