NC State’s Legendary March Madness Team Suing Over NIL

The 1983 NC State men’s basketball team is suing the NCAA over the use of its name, image and likeness for the past 30 years.

Feb 20, 2019; Raleigh, NC, USA; Basketball with the North Carolina State Wolfpack logo sits on the court during a timeout as the Wolfpack play the Boston College Eagles in the first half at PNC Arena. The North Carolina State Wolfpack won 89-80. / Nell Redmond-USA TODAY Sports

For 31 years, NC State’s Cinderella run to the NCAA Tournament championship under coach Jim Valvano has been a fixture of March Madness television coverage.

Now, the members of that team are suing the NCAA over what it calls the unauthorized use of their Name, Image and Likeness by the governing body.

The NCAA just settled the House case, which combines three different suits against the NCAA into a settlement that will pay student-athletes more than $2 billion in back payments to those who played in college sports from 2016-20.

The approval is pending, but if approved those student-athletes would receive financial benefits they believe were withheld from them as a result of NCAA rules.

At the time, NIL was not allowed under NCAA rules. The NCAA suspended those rules after the U.S. Supreme Court ruled for student-athletes in the landmark Alston case three years ago.

When the Wolfpack played back in 1983, those former NIL rules applied. The case was filed in Wake (N.C.) County court and has requested a jury trial, according to WRAL radio.

Nearly the entire team is listed as plaintiffs. The NCAA and the Collegiate Licensing Company are listed as the defendants.

“We believe it’s important to address the use of our names, images and likenesses over the years," said Thurl Bailey, a senior forward on the 1983 team, in a statement. "We deserve to be compensated for our contributions that have significantly benefited the NCAA."

The footage of NC State’s thrilling run that postseason, including their upset victory over Houston in the 1983 national championship game, 54-52, is ubiquitous to March Madness lore and montages throughout each season’s coverage.

The 1983 game ended with NC State forward Lorenzo Charles slamming home a pass — or a short shot, depending on your point of view — from guard Dereck Whittenburg to win the game. After the buzzer, the court at The Pit at the University of New Mexico descended into joy and chaos, with Valvano running around the floor looking for players to hug.

The footage figured heavily during NC State’s run through this year’s tournament, another Cinderella run that led them to the national semifinals before losing to Purdue.

It’s that footage that is at the heart of the lawsuit. The filing claimed that a "student-athletes' value to the NCAA does not end with their graduation; archival footage and other products constitute an ongoing income stream for the NCAA long after the students whose images are used have moved on from college."

The team is seeking "in excess of $25,000" in damages plus interest, but is also seeking “reasonable compensation,” with the groups attorney indicating that damages could be in the millions.