Perhaps colleges and high school's don't have this rule because state institutions telling an athlete what number to wear might result in free speech challenges.

 Taco John -- 5/24/2006 8:45 AM  

Actually, there IS such a rule; but it is not as restrictive. The last I remember, the only restrictions are that offensive linemen must wear numbers between 50 and 79--this is to help referees determine who are ineligible receivers.

Second, the NFL rule was even more limiting when it came out in the early 1970's:

1-19: Quarterbacks and specialists (kickers and punters).
20-49: Running backs and defensive backs.
50-59: Centers and linebackers.
60-69: Offensive guards.***
70-79: Offensive tackles.***
80-89: Tight ends and wide receivers.
90-99: Only used during pre-season.
*** I think interior defensive linemen were 60-69 and defensive ends/tackles were 70-79.
AND, any player who wore an out-of-position number in the year prior to this rule change could keep the number (i.e. DE Jack Youngblood of the Rams wore #85; WR Charlie Joiner of the Chargers wore #18, as examples).
Melvin H.

 Anonymous -- 5/24/2006 10:11 AM  

I'd view the use of the numbers by the players as a transferable license from the team. Presumably the team has no interest in restricting transferability by "team consent" or otherwise, unless the team has invested substantial money in marketing a player and then he wants to switch numbers after the team has built equity through its marketing efforts.

My first thought when I saw the post was "Is this governed by Article 2 of the UCC?" In some ways it seems ridiculous to think it would be, and if it is a license, it isn't within Article 2.

However, arguably the player is really selling the uniform itself with the number on it. I don't think the player is selling any other use of the number, since the team retains all the marketing rights associated with the number. So maybe the player is really selling all his jerseys with that number on it?

Would it matter if it is governed by the UCC? Maybe not, although there is the pesky Statute of Frauds requirements for contracts of more than $500. In the Ohalete/Portis case, that would be a non-issue, since they essentially admitted there is a contract.

But what if Portis never paid a dime and then never acknowledged that he made the deal (assuming there is no writing)? Statute of Frauds defense?

Will we one day see a 2-207 battle of the forms over jersey numbers, where Portis submits his "standard" number purchase form and Ohalete sends his standard number sale form, each of which is signed but has differing terms or inconsistent terms? Are they merchants?

I don't really think Article 2 applies, but I'm starting to wish it did. :)

 ChapelHeel -- 5/24/2006 2:09 PM  

To add to the outstanding comments above, I have a question: Are we sure that a player or his team or even his league actually "owns" his number, or his number part of the public domain?

I ask that because I remember playing the first John Madden Football videogame back in 1992, and the game was not licensed by either the NFL or NFLPA. The game did not contain team names/team images/player names/actual stadiums, but did contain player numbers--so, for instance, you had #80 receiving for San Francisco (but not Jerry Rice receiving for the San Francisco 49ers).

So are player numbers then simply part of the public domain?

 Michael McCann -- 5/24/2006 3:17 PM  

Taco John, I'm not a constitutional expert by any means, but my gut tells me that there would be no first amendment violation if colleges and high schools implemented such a rule.

Chapel Heel, good stuff.

Michael, I would view the use of jersey numbers in a video game as involving a different situation (a misappropriation issue depending upon the circumstances). While a number in and of itself is part of the public domain, I would say that teams have the exclusive right to issue jersey numbers to players, and that the player (unless agreed otherwise with the club) obtains the exclusive right to use that number for only so long as the team permits him to use it. Thus, when Player 1 assigns his number to Player 2, Player 1 is assigning to Player 2 the right granted to him from his team to use that number for as long as Player 1 has the right to use that number. The team effectively consents to the assignment when it re-issues the number to Player 2.

 Rick Karcher -- 5/24/2006 5:35 PM  

Michael--There are two circumstances where pro leagues have retired a number throughout the league (but allowing any current players wearing the number to wear it until they are done with their career):

MLB -- #42 for Jackie Robinson (the only players are Mariano Rivera and Mo Vaughn; there is a coach who has #42 as well I think).

NHL -- #99 for Wayne Gretzky (no player wears #99 now).

There have been circumstances where a team will ASK a player whose number was retired if he would O.K. another player wearing that number, but not too often.

In college and high school football, a number "retired" is retired only for five years, due to the large rosters; otherwise we'd be up to jerseys in three digits at the larger schools. The same applies to college/H.S. basketball, but there, the available numbers are severly limited by rule (0 or 00 [not both], 1-5, 10-15, 20-25, 30-35, 40-45, and 50-55 are the allowed numbers; this has been since the 1950's, I think.)

Melvin H.

 Anonymous -- 5/26/2006 2:52 PM  

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