N.C. State Players Sue NCAA, Collegiate Licensing for Unauthorized Use of Iconic Dunk Footage

More than four decades after the legendary upset victory, former N.C. State Wolfpack players are seeking compensation for the NCAA's alleged unauthorized use of their names, images, and likenesses, including the iconic dunk that sealed the championship win.

Over 40 years have passed since N.C. State Wolfpack pulled off one of the most memorable upsets in college basketball history by defeating the Phi Slamma Jamma Houston Cougars in the 1983 national championship game. Now, 10 former players under the late head coach Jimmy Valvano are demanding compensation for the NCAA's alleged unauthorized use of their publicity rights associated with that unforgettable victory.

On Monday, the plaintiffs filed a lawsuit in Wake County Superior Court in North Carolina against the NCAA and the Collegiate Licensing Co. The lawsuit alleges that for decades, the NCAA and its co-conspirators have systematically misappropriated the "Cardiac Pack's" publicity rights, reaping millions of dollars from the iconic game and play.

The lawsuit specifically cites the emphatic dunk by Lorenzo Charles that gave N.C. State the championship win and Valvano's exuberant run around the court, both of which have been prominently featured in NCAA Tournament promotions for years.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack’s publicity rights – including their names, images, and likenesses – associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack’s legendary victory," the lawsuit alleges.

The suit further argues that the value of student-athletes to the NCAA extends beyond their graduation, as archival footage and other products continue to generate revenue for the organization long after the players whose images are used have moved on.

The NCAA has yet to comment on the lawsuit, and Fox News Digital has reached out to IMG, which acquired Collegiate Licensing Co. in 2017, for comment.

The plaintiffs in the case are Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson, and Mike Warren. Charles, who died in 2011, and Dereck Whittenburg, whose missed shot led to Charles's game-winning dunk, are not listed as plaintiffs.

The lawsuit is a significant development in the ongoing debate over the use of student-athlete images and likenesses in college sports. It comes amid a growing movement toward recognizing the value of student-athletes' publicity rights, particularly in the wake of the Supreme Court ruling in June 2021 that allowed athletes to be compensated for their names, images, and likenesses.

The outcome of this case could have implications for the NCAA's longstanding practices regarding the use of archival footage and the rights of former athletes to control their own publicity.