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NCAA to Allow Players to be Compensated for their Names, Likenesses, and Images


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Just now, TwiceHorn said:

The thing is, if you grant permission/license a trademark, you have to monitor how it's used or you risk legal weakening or loss of the mark.

And, I'm sure schools would like to minimize their policing obligations of all of this, if possible, while reaping recruiting or whatever benefits.

Yep. Completely agree and UT is up there in terms of strictest enforcement  of their trademark, so I’m sure they would heavily prefer that no schools let players use their branding at all, but I just don’t see that happening. It will be very interesting. The amount of oversight and policing they will have to do if players can use it, will be massive. Pirkey Barber might have to double their office space. 

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7 minutes ago, Royale with cheese said:

I don't know if this has been covered upthread, but is there a projected decline in sales of traditional institutional merchandise because of the emergence of new off-book, athlete-branded merchandise? I.e., if we assume that Joe Sixpack has only so much disposable income to spend on football jerseys, and in the past he's used that to buy school-licensed Nike Longhorn apparel, what if he now decides instead to buy some made-in-China individual athlete gear? In short, will this new reality end up costing the Texases and Alabamas of the world?

As BOW notes, in Texas, at least, the "athlete gear" will need to be free of university trademarks.

Under those conditions, seems kind of unlikely that "athlete gear" is going to replace "team gear" in sales.

For all my handwringing about it, I suspect most of the "Shark5" gear is going to flop mightily.  Probably a half dozen athletes can pull that kind of thing off.  Even in the NFL/NBA, only a couple of superstars have managed that, with the full backing of Nike, etc. It doesn't seem that that game is worth the candle for a manufacturer for four years or less of college fame.

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6 minutes ago, Not a Sock said:

So the state law says that sex, alcohol, drugs are a no go but what about other questionable or unsavory endorsements. I doubt that Texas wants one of its athletes taking an endorsement for WhitePatriot3%Ammo.com  or 4thReichsurvialstore.net .

You would think if an athlete endorsed something along those lines, it would be handled internally by the team, along with the university.

 

 

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We'll see the market flooded with individually branded merchandise for a while, but as @TwiceHorn pointed out above, only a handful of athletes can really pull that off even at the pro level.  Even fewer will be able to do it at the college level.  I expect the market to sort that out pretty quickly.

 

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33 minutes ago, TwiceHorn said:

For all my handwringing about it, I suspect most of the "Shark5" gear is going to flop mightily.  Probably a half dozen athletes can pull that kind of thing off.  Even in the NFL/NBA, only a couple of superstars have managed that, with the full backing of Nike, etc. It doesn't seem that that game is worth the candle for a manufacturer for four years or less of college fame.

i guess the question is how many tshirts you have to sell to basically make a few bucks?

not a TON. will they make it big? no. but is it nice when it come to mailbox money for a college dude who basically just has to play football and tweet links to their branded stuff? absolutely.

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4 minutes ago, utee94 said:

We'll see the market flooded with individually branded merchandise for a while, but as @TwiceHorn pointed out above, only a handful of athletes can really pull that off even at the pro level.  Even fewer will be able to do it at the college level.  I expect the market to sort that out pretty quickly.

 

Sure for the honest money. But what about donors that want to buy 20k t shirts on day 1 of enrollment in return for a commitment from a 5* RB?

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6 minutes ago, Enchubben said:

Sure for the honest money. But what about donors that want to buy 20k t shirts on day 1 of enrollment in return for a commitment from a 5* RB?

The margins on clothing are horrible for the player. If donors want to compensate players, they will come up with a much more efficient system than buying merch.

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19 minutes ago, Machinator said:

 

Yeah.  I don't know about this.  That seems to me to be stretching the concept of NIL.

And a ginormous problem here is that some of this stuff is hard to value in the sense that it's hard to tell if it's a commercially reasonable transaction or a handout disguised as doing business.

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24 minutes ago, Machinator said:

 

It's going to be kind of funny in that, in the most Kardashian of ways, the "hot" athletes may make out in this, and the actual athlete athletes may not.

The market for all this shit may be women and pervy dudes.

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1 minute ago, TwiceHorn said:

It's going to be kind of funny in that, in the most Kardashian of ways, the "hot" athletes may make out in this, and the actual athlete athletes may not.

The market for all this shit may be women and pervy dudes.

Been saying for months hot female athletes will make out the most.

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41 minutes ago, Enchubben said:

Sure for the honest money. But what about donors that want to buy 20k t shirts on day 1 of enrollment in return for a commitment from a 5* RB?

Who cares?  I mean who is harmed in this situation. This simply pulls the curtain. Why do we care what one individual is willing to pay another for a shirt or hat etc. Report income. Pay taxes. 
 

 

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49 minutes ago, TwiceHorn said:

And a ginormous problem here is that some of this stuff is hard to value in the sense that it's hard to tell if it's a commercially reasonable transaction or a handout disguised as doing business.

Should someone be deciding what's a commercially reasonable transaction now?  Because I think AT&T is waaaaaaaaaaaaay overpaying Lily, now that she's fatter than a hippo. 

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FCB

Spoiler

BOWLSBY TELLS HORNS247 NAME, IMAGE, LIKENESS (WHICH STARTS JULY 1) WON’T BE ‘END OF THE WORLD’

As of today (July 1), student-athletes are now able to profit from their name, image and likeness, and deals are already starting to be announced.

Last Stand Hats announced July 1 that it has merchandising deals with Texas outside linebacker DeMarvion Overshown that features gear bearing Overshown’s nickname “Agent 0” and with Texas cornerback Josh Thompson featuring gear with Thompson’s moniker “Humble Beast.”

The worlds of college football and college athletics are undergoing seismic changes with a proposed, 12-team College Football Playoff gaining traction and with student-athletes being able to profit from their name, image and likeness beginning today (July 1).

Big 12 commissioner Bob Bowlsby has been right in the middle of both of those issues and sat down with Horns247 to discuss everything from why he thinks a 12-team model enhances the college football regular season and how quickly it could be implemented to how new NIL legislation won’t be the end of the world.

“If you want to be a professional athlete, there's a place you can go and be a professional athlete, but it's not college,” Bowlsby said.

“On the other hand, there's an acknowledgment in the changes in the NIL rules that student-athletes have some inalienable rights to their own name, image and likeness. And if they want to promote the fact that they're giving tennis lessons, and getting paid for it, they ought to be able to do that.

“They ought to be able to go out and make speeches for compensation. They ought to be able to make appearances. They ought to be able to run summer camps. An offensive lineman ought to be able to sell a package online that tells aspiring high school offensive linemen what to eat and how to train and those kinds of things.

“Where it gets dicey is in the social media environment and making sure that there is appropriate payment for appropriate involvement and that the institution is not involved in making those arrangements.

“They won't be brokering deals for kids, but they'll be helping them to learn about financial sustainability and proper business management and how you file your taxes and what kinds of things you can do and can't do.

“Student-athletes are going to be able to have representation. They'll be able to have an agent working with them that's out working every day to help them promote.

“But the thing that has to be remembered is there's going to be very few student-athletes that make a lot of money. There's going to be quite a few that make a little bit of money, and then there's going to be some that just aren't willing to work hard enough at it to make any money or don't perhaps have the profile to make any money.

“So we thought it was going to be the end of the world when we had fueling stations, because we couldn't decide whether you could have cream cheese on your bagel or not. And we thought it was the end of the world when we went to full cost of attendance, because there would be differences between schools. In our league, we have cost of attendance between $3200 and $6500, and you never hear it come up on the recruiting trail.

“So the reports of this being the end of the world are not accurate. The fact is there will be people that use this to cheat. There'll be inducements that are illegal now, impermissible now, and they'll be impermissible in the new day. But that doesn't mean there won't be institutions that do it.

“You're not going to eradicate the bad actors - that's for sure. But the time has come when some things that have been previously impermissible are now going to be permitted. And it sort of makes compliance officers' heads explode. But there are some things we're just going to have to let go of.

“You may have a kid driving a new car around campus, because they've developed a relationship with a car dealer where they're a spokesperson, or they're going to do autograph sessions every once in a while. But this is intended to have disclosure. The student-athlete has to file paperwork with the institution to let them know what they're doing.

“It's not an approval process, but it's an acknowledgement that they have a deal. Who's in on the deal, who's representing them, how much are they getting paid? How long does it last? Those kinds of things need to be on file with the institution.

“So, this is going to be an evolving environment for several years to come. And it will just become a part of the way college athletics operates. But it's important that we separate that which is institutional intellectual property and what is student-athlete intellectual property. We're going to have to find our way on that a little bit.”

Bowlsby said things like a student-athlete starting a GoFundMe for personal gain won’t be permitted by NIL guidelines.

“They can't do that under the NCAA plan,” Bowlsby said. “But you could do a GoFundMe for a charity or for an elementary school that's trying to raise money or those kinds of things.

“I don't think we're going to be willing to live with, ‘I'm going to do a GoFundMe page for my little sister's rehab or because my dad just got laid off.' I don't know that those kinds of things are envisioned as being permissible.

“There are those who are being told, ‘Oh, well, you've got 40,000 followers on Instagram. That is worth X number of dollars.’ Well, it doesn't work that way. You're gonna have to be willing to produce content and to do it all the time so that people can get their appetite satisfied for the content. And it's a lot of work.

"I have a daughter-in-law who’s a fashion influencer on a variety of different modalities. And she works 80 hours a week on it. And so it's not just saying, ‘Well, I got some followers, I'm going to really make a lot of money.' It doesn't exactly work that way.”

 

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1 hour ago, Enchubben said:

Sure for the honest money. But what about donors that want to buy 20k t shirts on day 1 of enrollment in return for a commitment from a 5* RB?

Oh definitely.  There's no way around that.  It's going to become part of the business of college athletics.

They won't even be buying shirts, who needs an actual physical transaction and a bunch of useless inventory lying around?  Boosters will simply set up licensing contracts for an athlete's NIL in some limited context. Put the money in their hands up front, and It doesn't matter at all whether or not that NIL is actually ever used, and in some (many?) cases I suspect it won't ever be.

I was just talking about the legitimate NIL usage and branding opportunities.  Only a handful of athletes will be able to make serious money off their NIL outside of the booster scenario, and the market will sort all of that out, pretty quickly.

 

Edited by utee94
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40 minutes ago, utee94 said:

Oh definitely.  There's no way around that.  It's going to become part of the business of college athletics.

They won't even be buying shirts, who needs an actual physical transaction and a bunch of useless inventory lying around?  Boosters will simply set up licensing contracts for an athlete's NIL in some limited context. Put the money in their hands up front, and It doesn't matter at all whether or not that NIL is actually ever used, and in some (many?) cases I suspect it won't ever be.

I was just talking about the legitimate NIL usage and branding opportunities.  Only a handful of athletes will be able to make serious money off their NIL outside of the booster scenario, and the market will sort all of that out, pretty quickly.

 

We’re in agreement. Initially I thought this might level the playing field with players getting paid at schools that weren’t dropping bags historically. It appears it’s just changed the method of dropping bags.

And yea I expect people to be creative with it. Booster can offer a tiered licensing agreement that pays based on recruiting ranking, or player performance. The underlying brand doesn’t have to offer or sell shit. They just have to disclose the agreement.

So LOL at dumbshit chip brown downplaying the impact this will have. Hopefully our money guys have a better appetite for playing the game now because they’ll need to.

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5 minutes ago, Enchubben said:

We’re in agreement. Initially I thought this might level the playing field with players getting paid at schools that weren’t dropping bags historically. It appears it’s just changed the method of dropping bags.

And yea I expect people to be creative with it. Booster can offer a tiered licensing agreement that pays based on recruiting ranking, or player performance. The underlying brand doesn’t have to offer or sell shit. They just have to disclose the agreement.

So LOL at dumbshit chip brown downplaying the impact this will have. Hopefully our money guys have a better appetite for playing the game now because they’ll need to.

I think it might work against some historically dirty programs that don't have the deep pockets that other schools have, that have been historically clean (er).

Think, Ole Miss vs. Texas.  Or honestly, most SEC programs vs. Texas.  They've been willing to brazenly buy players under the table for decades, while Texas hasn't engaged in nearly as much dirty business, and has paid the price in recruiting against the SEC multiple times, for that reason. Yes, I'm sure some posters will jump in here and point out that Texas isn't squeaky clean either, and I get that.  But Texas isn't out there bidding $180,000 for the Cam Newtons of the world, and that's the point.

Most of the SEC schools don't have near the donor base as Texas.  Before, they could compete under the table and Texas wouldn't engage.  Now, they'll be going against the full capability of Texas booster money.  So the well-financed programs that didn't previously engage in nearly as much dirty business, are going to benefit, vis a vis the historical cheater schools that simply don't have the same deep pockets.

 

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1 hour ago, You don't know me said:

A. Lincoln?

Just the gear shift or the entire car?

1 hour ago, Tex-19 said:

This is what I expected. CFB just became full pro sports.

But worse in a sense. the NFL has salary caps to keep a semblance of parity. NIL bidding wars combined with the transfer portal will  drastically alter cfb, and not for the better.

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3 hours ago, TwiceHorn said:

Yeah.  I don't know about this.  That seems to me to be stretching the concept of NIL.

And a ginormous problem here is that some of this stuff is hard to value in the sense that it's hard to tell if it's a commercially reasonable transaction or a handout disguised as doing business.

 

pay them to come on and give dating advice. zero football talk lol

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