>> Rooney: THE NCAA
MAKES BILLIONS THROUGH
COLLEGE SPORTS.
SO SHOULD THE ATHLETES BE
PAID?
>> Rooney: THE NCAA
BASKETBALL TOURNAMENT IS A
RITE OF SPRING, THAT
GENERATES CINDERELLA
STORIES AND HUNDREDS OF
MILLIONS OF DOLLARS FOR
THE NCAA.
NOW ONE FORMER STAR PLAYER
IS SUING, LOOKING TO GET
HIS CUT OF MARCH MADNESS.
UCLA'S ED O BENNIN WAS A
HOOPS SUPER STAR WHO
HELPED HIS SCHOOL WIN THE
1995 NCAA TY NOW HE IS
SUING THE NCAA CLAIMING IT
IS GETTING RICH BY
MARKETING FORMER PLAYERS
LIKE HIM WITHOUT PAYING
HIM.
HE SAYS THEY COMMERCIALLY
LICENSE HIS IMAGES FOR
VIDEO GAMES.
WHILE CURRENT PLAYERS ARE
BARRED FROM COMPENSATION,
HE SAYS THEY SHOULD PAY
ATHLETES ONCE THEY ARE OUT
OF SCHOOL.
IT IS ESTIMATED THAT THE
LICENSING OF NCAA PRODUCTS
IS A $4 BILLION INDUSTRY.
AND JOINING ME IS PAUL
FLANNERY, A SPORTS WRITER
FOR WEEI.COM, AND DAN
LEBOWITZ, FROM THE CENTER
FOR SPORTS AND SOCIETY AT
NORTHEASTERN UNIVERSITY.
WELCOME TO ALL OF YOU.
I HAVE TO SAY, I NEVER
GAVE THIS A SECOND
THOUGHT.
AND NOW I'M THINKING, WAIT
A SECOND.
JUST ON THE MERITS OF THE
LAWSUIT ALONE, WHERE DO
ALL OF YOU STAND?
>> THE LAWSUIT ITSELF IS
INTERESTING.
I DON'T THINK ANY OF US
DISAGREE WITH THE NOTION
THAT COLLEGE ATHLETES
PROBABLY SHOULD GET PAID.
>> Rooney: SHOULD GET
PAID.
>> SHOULD GET PAID.
THE ONLY PEOPLE FOR WHO
THE NOTION OF AMATEURISM
IN SPORTS ARE THE
ATHLETES.
THE SCHOOLS MAKE MONEY,
AND THE NETWORKS MAKE
MONEY.
THE ATHLETES ARE THE ONLY
ONES NOT MAKING MONEY.
>> Rooney: EXCEPT THEY
GET SCHOLARSHIPS.
>> THAT'S TRUE.
>> THE LAWSUIT IS AN
ANTITRUST LAWSUIT.
SAYING THAT THERE IS A
VIOLATION OF THE UNITED
STATES LAWS ON MONOPOLY
AGAINST MONOPOLIES, THE
SHERMAN ACT, AND SAYING
THAT ESSENTIALLY THE NCAA
AND OTHERS HAVE CONSPIRED
TO DEPRIVE THESE ATHLETES
FROM OBTAINING
COMPENSATION.
IT'S AN INTERESTING
LAWSUIT, BUT I THINK, YOU
KNOW, THEY'VE SIGNED
WAIVERS WHEN THEY WERE IN
SCHOOL.
SO THE QUESTION WILL BE
WHETHER THOSE WAIVERS ARE
ENFORCEABLE.
>> Rooney: WHAT IF THEY
USED AN ATHLETE LIKE FROM
KENTUCKY, ONE OF THE HOT
SCHOOLS, RIGHT NOW, THAT
WAS PLAYING?
THEN THEY MIGHT NOT HAVE
AN ARGUMENT.
THE FACT THAT THEY'RE
REACHING INTO THE PAST TO
CALL UP THESE SUPER STARS,
SOME OF WHICH ARE
RECOGNIZABLE, AND OTHERS
AREN'T.
BUT WHAT IF THEY'RE USING
A CURRENT ATHLETE?
WOULD IT RENDER THIS MUTE?
>> IT WOULD BE HARD TO
ARGUE THAT THE
COMPENSATION, FOUR YEARS
OF TUITION, ROOM AND
BOARD, ISN'T A FORM OF
PAYMENT FOR THE RIGHTS
THAT THEY'RE SUPPLYING.
I THINK IT BECOMES MORE
TENUATED ONCE THEY'RE NO
LONGER IN SCHOOL.
AND THERE ARE OTHER
COMMERCIAL APPLICATIONS OF
THEIR IMAGES AND LIKENESS.
SHOWING OLD VIDEO FROM THE
GAMES THEY PLAYED WHEN
THEY'RE IN SCHOOL --
>> Rooney: THAT'S CRAZY.
>> THAT DOESN'T BOTHER ME
MAYBE AS MUCH AS DOING A
BAUBLEHEAD DOLL OF THE
BEST TEAM EVER.
>> Rooney: A LOT OF
SPORTS -- DAN, YOU CAN GO
STRAIGHT FROM HIGH SCHOOL,
LIKE BASEBALL, AND YOU
DON'T HAVE TO MUCK AROUND
IN COLLEGE.
I'M ACTUALLY GLAD THAT
THEY DO.
FOOTBALL AND BASKETBALL --
WHY IS THAT?
WHO'S RULE IS THAT?
HOW DID THAT COME ABOUT?
>> DAVID STERN FOR THE NBA
MADE A RULE IN THE LAST
FEW YEARS, THAT A KID HAD
TO GO AT LEAST ONE YEAR IN
COLLEGE BEFORE HE COULD GO
BECOME A PRO.
BUT I WOULD LIKE TO GO
BACK TO ONE STATEMENT
ABOUT PAUL'S.
I DON'T THINK THAT
ATHLETES SHOULD BE PAID.
I DO THINK THAT THE
SCHOLARSHIP IS A FORM OF
PAYMENT.
I THINK THERE IS A LOT OF
GROWTH THAT HAPPENS ON A
COLLEGE CAMPUS FOR A
STUDENT ATHLETE.
AND I THINK IT IS TIME, IF
WE'RE GOING TO TALK ABOUT
MONETARY ISSUES RELATED TO
COLLEGES AND COLLEGE
SPORTS, THAT WE ADDRESS
SOME ISSUES ABOUT
REAFFIRMING THE STUDENT
ATHLETE, AND LEADERSHIP
PROGRAMS FOR THE STUDENT
ATHLETE.
AND LIFE SKILLS FOR THE
STUDENT ATHLETE.
AND ADDRESS GRADUATION
RATES --
>> Rooney: BUT THEY'RE
RECRUITED FOR THE SKILL
THEY HAVE ON THE COURT.
>> ALMOST EVERY
OPPORTUNITY IS RECRUITED
FOR SOME SKILL THEY HAVE.
>> Rooney: NO, THEY'RE
NOT.
>> A LOT OF SCHOOLS ARE
RECEIVING THOUSANDS AND
THOUSANDS OF APPLICATIONS
FOR VERY FEW SPOTS --
>> Rooney: MOST KIDS
AREN'T GETTING
SCHOLARSHIPS.
>> IN THESE INSTANCES,
THEY HAVE A PRETTY GOOD
SKILL.
BUT LIFE IS A PRETTY LONG
ROAD.
BUT WHEN THEY'RE DONE WITH
ATHLETES, IF THEY DON'T
HAVE THE EDUCATION OR THE
LIFE SKILLS, THEN THEIR
30s BECOMES SOMETHING
THAT IS ABYSMAL, VERSUS --
>> Rooney: HERE'S THE
THING, THOUGH, CBS IS
LICENSING THESE THINGS FOR
BILLIONS OF DOLLARS OVER A
PERIOD OF TIME.
I MEAN, EVERYBODY IS
MAKING THE MONEY,
INCLUDING THE NCAA, EXCEPT
THE ATHLETES, RIGHT?
>> THEY'RE SORT OF LIKE
UNPAID ACTORS IN THEIR OWN
DRAMA, IF YOU WILL.
AND THANKS FOR CLARIFYING,
THAT MARK.
THAT'S A TOTALLY FAIR
POINT.
BUT WHEN YOU LOOK AT THE
ATHLETES THEMSELVES, THE
NCAA, WHEN THEY UNVEILED
THEIR BRACKETS ON CBS, AN
HOUR-LONG COMMERCIAL
PROGRAM FILLED WITH ADS.
EACH REGION WAS SPONSORED
BY A CORPORATE CHAMPION,
PONTIAC, McDONALD'S.
THE NOTIONS THIS IS
AMATEURISM STRIKES ME
COMPLETELY THE WRONG WAY.
I THINK THERE IS SOMETHING
TO BE SAID FOR LOOKING AT
THE REALITY OF THE
SITUATION, WHICH IS THESE
KIDS ARE THE LABOR.
AND THEY ARE UNCOMPENSATED
FOR THIS.
WE TALKED ABOUT VIDEO
GAMES.
WE TALKED ABOUT MARKETING.
IF YOU GO INTO A CAMPUS
BOOKSTORE AND WANT TO BUY
A JERSEY, YOU'RE BUYING A
JERSEY OF A SPECIFIC
PLAYER, HE'S NOT GETTING
PAID --
>> Rooney: BUT HIS NAME
IS NOT ON IT.
THEY SAY NUMBER 11 FROM
KENTUCKY, BUT THEY DON'T
SAY WHO THAT IS.
>> AND THERE IS CERTAINLY
VALUE IN AN EDUCATION.
BUT IS IT VALUE OR THE
RIGHT VALUE FOR THE
SERVICES RENDERED?
THAT'S MY QUESTION.
>> Rooney: WHAT ABOUT
THE FUTURE?
THESE KIDS COULD END UP
WITH A SERIOUS INJURY ON
THE COURT, AND THEN
THEY'RE JUST DONE.
AND ALL -- ALL OF THIS
MONEY-MAKING GOES ON
WITHOUT THEM.
IS THAT JUST PART OF THE
PRICE OF ACCEPTING A
SCHOLARSHIP?
>> WELL, I THINK IN PART
IT IS, RIGHT NOW THE WAY
THE SYSTEM WORKS.
AND I THINK ONE THING THAT
WE LOSE SIGHT OF IS THERE
ARE TWO BIG REVENUE
SPORTS, FOOTBALL AND
BASKETBALL, MEN'S IN BOTH
CASES.
AND THE REVENUE THAT IS
DERIVED FROM THOSE SPORTS
IS USED TO REALLY PAY FOR
SCHOLARSHIPS FOR THOUSANDS
OF ATHLETES IN SPORTS THAT
DON'T HAVE REVENUE.
>> Consuelo: SERIOUSLY?
>> OH, VERY SERIOUSLY.
THINK OF ALL OF THE WOMEN
ATHLETES THERE ARE IN
COLLEGE TODAY?
>> Rooney: THAT'S
BECAUSE THEY WERE FORCED
TO DO IT THROUGH TITLE
NINE.
>> Reporter: BUT THOSE
SCHOLARSHIPS ARE BEING
PAID FOR BY REVENUES
DERIVED FROM MEN'S
BASKETBALL AND MEN'S
FOOTBALL.
SO THE IDEA WHEN PEOPLE
TALK ABOUT EVERYONE IS
MAKING MONEY EXCEPT FOR
THESE KIDS, YOU KNOW,
THERE IS SORT OF A
COMMUNITARIAN CONDITION TO
THIS.
>> Rooney: IF THEY
DIDN'T HAVE THAT, THEY
WOULD HAVE TO COME UP WITH
IT BECAUSE IT IS THE LAW.
>> THEY MAY NOT OFFER
THEM.
>> THEY MAY NOT OFFER THE
PROGRAM.