Reggie Bush Sues USC, PAC-12, and NCAA for NIL Misappropriation

The former Heisman winner looks to recover a fair share of financial gain from the use of his Name, Image, and Likeness during his tenure as a college athlete

Jan 4, 2005; Miami Gardens, FL, USA; Southern California Trojans running back Reggie Bush is interviewed by ABC broadcaster Lynn Swann after 55-19 victory over Oklahoma in the FedEx Orange Bowl in the BCS National Championship. Mandatory Credit: Kirby Lee-Imagn Images / Kirby Lee-Imagn Images

Former USC running back Reggie Bush has just filed suit against USC, the PAC-12 Conference, and the NCAA, seeking compensation for misappropriation of his Name, Image, and Likeness for monetary gain by all three listed defendants. This is the second active litigation against the NCAA that Bush is a part of; last year, the 2005 Heisman Award winner sued the NCAA for defamation surrounding comments made about the nature of a ‘pay-for-play’ arrangement while he attended USC –– according to Bush these statements were a misrepresentation of the player-agent benefit scandal that stripped the ’05 Heisman award from Bush in 2010 until it’s recent return by the Heisman Trophy Trust earlier this year. CBS first reported the new lawsuit. 

Bush’s NIL compensation claim comes on the back of several other similarly situated lawsuits. Earlier this year, several members of North Carolina State’s 1983 NCAA Men’s Basketball Champion roster filed a suit against the NCAA for misappropriating the NIL rights of the team during their historic run to the title. 

This summer, former Kansas Basketball star Mario Chalmers, along with fifteen other college basketball figures with historic NCAA tournament moments, launched a complaint against Turner Sports Interactive for misappropriating their NIL shown during March Madness highlights leading up to the annual tournament. 

Braylon Edwards, Denard Robinson, and other Michigan Football players have also filed a class-action lawsuit against the NCAA and Big Ten Network for similarly misappropriating their NIL rights. All litigation mentioned contends that the use of archival footage and replays still used by networks to promote current broadcasts actively misappropriates NIL and that those athletes shown have a right to compensation from the NCAA and associated parties for using the recordings for commercial purposes. 

Bush’s complaint is reported to demand compensation for the money USC, the PAC-12, and the NCAA made from his name in television contracts, merchandise sales, and broadcasting rights payouts. The Bush case appears not as narrowly confined to archival footage as some other active litigation previously mentioned.

According to Bush's attorney, Evan Selik, "This case is not just about seeking justice for Reggie Bush... It's about setting a precedent for the fair treatment of all college athletes. Our goal is to rectify this injustice and pave the way for a system where athletes are rightfully recognized, compensated and treated fairly or their contributions." 

If this case goes to trial, a win for Bush would likely open the floodgates of litigation for many other former collegiate athletes who hold high levels of influence. Bush and others, whose personal legacy has been woven into the very fabric of college sports, present a real monetary danger to the NCAA, member schools, conferences, and broadcasting partners. We could soon see broadcast teams and schools phase out imagery from historic college sports moments to insulate themselves from further alleged damages.