Is the Daily violating NCAA rules with this ad?

Submitted by Abe Froman on

I'm reading the Daily online, specifically an article titled "Athletic Dept. to apparel stores: T-shirts about Denard Robinson break NCAA rules."

 

The story reads "'Neither the University of Michigan nor any of these student-athletes have provided consent to use these names for commercial purposes.'  Van Horn wrote that such sales jeopardize the eligibility of student-athletes."  Needless to say this isn't news to everyone here, after seeing the recent changes at the MGoStore.

But here's what blows my mind -- and someone please explain this if you understand how the NCAA guidelines function in this area -- the daily has an online ad up on the very same page as the article above referencing Denard (picture below).

 

 

Am I missing something here, or is this just another case of The Daily being The Daily?

 

Abe Froman

September 21st, 2010 at 8:21 PM ^

Epic fail.  I am a noob who has yet to figure out how to attach an image.  (Sigh)

The Daily ad reads:

"Own a piece of History.  Get a print of the Denard Robinson SportsMonday page HERE."

Grobdelnick

September 22nd, 2010 at 6:09 AM ^

Dude, you can avoid "Epic Fail" status by doing one of two simple things:

1) When you make a stupid post, just issue this mea culpa: "Sorry, ol' boys, but I was up writing a 500 page paper because I'm a Michigan student and, well, you know..."

OR

2) "Sorry ol boys, but my iPhone app won;t work from this beach in Singapore, where I'm weekending with a few other Michigan grads like myself who graduated from Michigan and are now rich, mahogany laced businessmen doing business"

jshclhn

September 21st, 2010 at 8:24 PM ^

In the same article, it states:

"Specifically, NCAA regulations stipulate that 'items that include an individual student-athlete’s name, picture or likeness, other than information items, may not be sold.'

The online ad you are referencing is a commemorative edition of a newspaper article, and I guess a newspaper article would fit that "other than information items" exception above.

Seth

September 22nd, 2010 at 7:06 AM ^

Yeah, that line bothered me too.

The Daily's business division is kept completely apart from the editorial side, so what's being sold on the right of the page had no interface with what's written on the left. I spent much of four years in that building and never once met a guy whom I now work with, because I was editorial and he was selling ads. There's like a huge wall between these parts, and it's there on purpose.

Furthermore, among mainstream media sources, the Daily has provided by far the best Michigan football coverage, and done so pretty stoically, which is more than I can say for basically the entire Detroit media (TV, radio, print) other than the little corner that is Angelique Chengalis.

M-Wolverine

September 22nd, 2010 at 10:39 AM ^

It's rep has improved, but if you're a bit older it has the rep of a "Rage Against the Machine" paper backing every fringe group on campus, rather than being concerned with the real needs of the average student. And not super professionally done. But from what I gather, that has changed some since then.

Seth

September 22nd, 2010 at 12:31 PM ^

Knowing the people I worked with and our editorial slants at the time, I think "Rage Against the Soundgarden" might be a more apt description. I remember a heavy discussion once when we were getting down on ourselves for having a relatively homogenous group (predominantly white, lots of us Jews, mostly from relatively upper middle class backgrounds, either from New York or the Detroit Suburbs). We talked about ways to change that, and how it was likely affecting our message. I wanted us to start traveling to schools across Michigan and talking to their newspaper staffs, having a presence at MIPA (more than a table at least), etc.

I know our reputation was "those liberals" and a number of other epithets, and that some of it was deserved, but that most of it was your run-of-the-mill grumbling from the right about media bias. There were a couple of anti-Daily newspapers at the time, and I remember them both ripping into us for putting some diag "protest" concerning Affirmative Action on the front page. Neither ever mentioned my article in the same issue about the historical residue of the early- and mid-20th century USDA's racist policies against black farmers in Michigan, and how a coalition of Detroit suburbanites and black farmers in Washtenaw, Jackson and Calhoun Counties were starting a program of target-marketing commodities from goods produced by Michigan's African-American farmers to Detroiters. My point: most of the Daily's material was good stuff, but the reputations and battles were always fought over the same tangental 1-percent shit.

Mostly I wrote editorial, where the real bias was apparent (because it's opinion). I remember fighting a constant battle to convince people that the unsigned editorial section was not news, but just the ed board's lightly researched opinion, based strongly in precedent. The news guys were not allowed in the ed board room, except to present their fact-finding and then leave before any discussion took place.

As to the fringe groups, I was there right after Jessica Curtain (who apparently had more eligibility than Tacopants) stormed our building with her army of Communists (yes, they were honest-to-God commies) and that she and her ilk were a joke to us.

Editorially we called for President Clinton's resignation during the Lewinsky affair (I was against that), stood very steadfast behind affirmative action during the lawsuits, supported the rights of the Michigan Nazis and the photos-of-abortion diag events to be held in public while criticizing their taste. We had some of our best work, I thought, in the days after 9-11, and I credit Mike Grass for calming everyone down when the Ed Board met late that evening and half the room wanted to bomb the hell out of everyone who ever wronged the U.S. On Sept. 12 we published an editorial about American unity and that it would be important for our solidarity to not be confused with jingoism (in retrospect, a much more apropos and meaningful response than most papers' "loss of American innocence" take), and we got a lot of letters criticizing us for not advocating the bombing to hell of anyone who had ever wronged the U.S. So it went.

jmblue

September 22nd, 2010 at 1:16 PM ^

no, but they have a rather storied history of getting the facts wrong.

That's interesting, given that the Daily has won many, many awards over the years.  Compare it with any other student newspaper you can find.  Most are nowhere near its level of professionalism in reporting.  I think some people allow their disagreement with the Daily's editorial positions (hey, it's a student paper, it's going to take a bunch of radical positions) to cloud their view of the rest of the paper. 

MichFan1997

September 21st, 2010 at 9:54 PM ^

I explained his abscence in the last several NCAA games to myself because I was convinced he was away working on his speed. Naturally, he was tan as he trained in the south where there is more sun. Needless to say, I'm disappointed to find out that it's just some other #16.

One day....

MGoRob

September 21st, 2010 at 8:45 PM ^

But got you there!  That's still his "likeness" is it not?  In fact, all his attributes are more or less mimicking Denard.

They made UP get rid of the HE16MAN t-shirt.  It's the #16 inserted into the word Heisman.  Nowhere is Denard's name there nor a nickname.  According to this logic, #16 is directly referencing Denard now.

GRUMBLE GRUMBLE GRUMBLE

lexus larry

September 22nd, 2010 at 8:17 AM ^

My 'DESMOND, YOU DA MAN' t-shirt, bought from a reputable division of Sig Eps, on the walk by Elbel, is in violation of this sacred NCAA rule? (Please, no questions about me, or the age of the fine Egyptian cotton t-shirts I wear)

UMich87

September 21st, 2010 at 10:52 PM ^

I'm not a trademark lawyer, but looked up a case where Smack Apparel was selling shirts with "HEI5MAN", "HE15MAN" and "HE.IS.the.MAN" on them.  The trust sued and all were found to infringe the trust's trademark.  At the same time, Reebok was licensed by the trust to pimp Heisman candidate t-shirts.

My guess is that the HE16MAN shirts went away because Underground Printing was concerned about trademark infringement as well as potential NCAA violations.  I will cherish - and wear with pride - my HE16MAN shirt until UP asks me to stop.  Or the NCAA.  Or the University.  Or Denard.

03 Blue 07

September 22nd, 2010 at 12:03 AM ^

There may be some sort of entity that the NCAA and/or B10 is a member of which has rights to photos to be used which they have taken. Such as a licensing agreement or something. And that was a photo taken by the Daily and run on the AP newswire worldwide.