Suppose that the National Collegiate Athletic Association contracts with a developer of interactive entertainment software to create a video game that simulates football games between college teams. to make the video game as realistic as possible, the software developer designs avatars that resemble various real-life college football players as to their actual names physical characteristics, playing stats, and jersey numbers. In the video game the avatars play football in digital recreations of college stadiums. Do players have a viable claim against the NCAA for misappropriation of their publicity rights? Can the NCAA defend on the basis that the use of the athletics names and likenesses was an incidental use or a transformative use?