In an earlier posting Symbols, mascots and intellectual property, I suggested the following to resolve the controversy over use of Native American tribes as college mascots:
Maybe what NCAA should do is require those schools that use specific tribe names to obtain the permission of the tribe for the use of their intellectual property. That way the Seminoles could license the name to Florida State (which might help the different parts of the tribe - Florida and Oklahoma - work out their differences). And the Chippewas (Central Michigan University) and the Utes (University of Utah) and the Choctaws (Mississippi College) and the Sioux (University of North Dakota) and the Illinois Nation - Illini (University of Illinois) could decide for themselves whether or not they wish to be associated with the team.
Turns out, that is exactly what the NCAA has decided to do (according to a Washington Post story last month):
North Dakota was among 18 schools initially cited by the NCAA and is among 15 still under censure after Florida State, Utah and Central Michigan won reprieves, having documented that the tribes for whom their teams are named (the Seminoles, Utes and Chippewas, respectively) endorse the use. Starting Feb. 1, schools that can't document tribal support won't be allowed to host NCAA postseason games or wear uniforms with the offending names or logos in postseason play. Also subject to the ban are schools with generic nicknames, such as the Newberry (S.C.) Indians, because they have no "namesake" tribe to grant approval.
I still think the schools should be paying the tribes some royalties for the use of the names, however. Or at least give tribal members a free education or reduced tuition rates.
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