The bigger the business of college sports gets, the more the line between student and professional blurs. They already don’t make any money on jersey sales (though most schools just sell jerseys with numbers, not names). And they also don’t see a dime for having their name and likeness used in official NCAA video games.
That’s the official practice, but it may or may not be… technically speaking… legal. Starting with former UCLA player Ed O’Bannon, a total of seven college athletes have joined together on a long-brewing class-action lawsuit against the NCAA, Electronic Arts (EA), and the Collegiate Licensing Company (CLC) for licensing out their likeness without permission. This could become a major case, not so much because of what it means for videogames, but because the only way the NCAA has a case is to argue that college athletes should not be granted the same rights as professionals, that their work and their likeness are not their own property, but the property of the college they attend. If the NCAA loses, that sets a precedent for many, many more cases regarding the professional nature of the college athlete.