Why WNBA union won’t monetize Sophie Cunningham’s viral point (but she can)

The image of Sophie Cunningham pointing at DeWanna Bonner during a late-June scuffle between the Indiana Fever and the Phoenix Mercury is inescapable. Even the White House posted a video featuring Cunningham’s gesture.

But don’t expect the WNBA Players Association to get in on the action.

The union’s policy, as conveyed to The Athletic, is not to create any apparel that features a confrontation between members of the union. The WNBPA would also not grant an outside entity the right to use the likeness of that event. So the league will not be profiting off the moment, nor will any WNBA licensees.

However, individual players can use their own likeness however they choose. Therefore, Cunningham is at liberty to produce shirts (or whatever paraphernalia) that depict her point, so long as they don’t include the WNBA or WNBPA logo.

And it’s happened before. In 2021, Kahleah Copper produced shirts of her staring down an opponent — who happened to be Cunningham! — during the WNBA Finals. That endeavor was independent of the union.

It’s unclear if Cunningham will create any merchandise specifically featuring the point. On “FIFA World Cup on Fox After Hours with James Corden,” he asked her what she’s thinking of doing next with it, and she said, “I didn’t even give that thought.”

But Cunningham certainly has promoted herself with it. And she has optimized her marketability since joining the Fever, launching a podcast and signing a multi-million-dollar deal with the startup league Project B among other projects.