Student Athletes Sue NCAA For Profits From Their Images

Headline Legal News

Courthouse News is reporting that the National Collegiate Athletic Association forced thousands of student athletes to sign away rights to their own images and cheated them of a share in the profits from DVD and video game sales, according to an antitrust class action in Federal Court. Led by former UCLA basketball star Edward O'Bannon, the class claims the NCAA forced students to sign the misleading "Form 08-3a" if they wish to play NCAA sports, which "commercially exploits former student athletes" by giving the NCAA the right to profit from their images without compensation, long after the athletes have left school.

The attorney for Edward O'Bannon, Jon King, believes athletes sign under duress and forms are not explained adequately.

"The athletes are herded into a room and given forms to sign. No one explains anything, there are no lawyers and no one has any idea what's going on. But they sign because they just want to play ball," he said.

The NCAA has acknowledged that student athletes possess a right of publicity. In a September 2008 statement on why the NCAA would not sue CBS over its use of college player information, NCAA President Myles Brand wrote, "In the case of intercollegiate athletics, the right of publicity is held by student-athletes, not the NCAA. We would find it difficult to bring suit over the abuse of a right we don't own."

King believes the NCAA did not expect old players to take action against this statement.

The complaint seeks health insurance for players as well as "additional education or vocational training and pension plans to benefit former student athletes."

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

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