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

[Burt Macklin 18988]

1 hour ago, UtBlaw said:

This was confusing because most state laws appear to allow it. Unfortunately, Texas NIL statute prevents it unlike other states and schools. The NCAA is irrelevant because Texas law prohibits it. Sucks for all the Texas schools.

Except it’s not irrelevant at all because schools can do it as long as the NCAA doesn’t punish it (which they almost definitely won’t). There’s no enforcement mechanism in the Texas statute if the NCAA doesn’t punish it. 

[conVINCEd 21468]

48 minutes ago, Burt Macklin said:

Except it’s not irrelevant at all because schools can do it as long as the NCAA doesn’t punish it (which they almost definitely won’t). There’s no enforcement mechanism in the Texas statute if the NCAA doesn’t punish it. 

Except for the fact that we are going to be playing catch up because we will play by the rules until this period of chaos has passed.

[UtBlaw 32]

45 minutes ago, Burt Macklin said:

Except it’s not irrelevant at all because schools can do it as long as the NCAA doesn’t punish it (which they almost definitely won’t). There’s no enforcement mechanism in the Texas statute if the NCAA doesn’t punish it. 

So the burden shifts back to UT. Surely, they’ll allow at least the school name, logos, and colors. Will likely require some sort of pre-approval process. thanks for noticing the lack of enforcement mechanism—that is easy to overlook.

Looks like Tennessee and LSU are allowing some version of IP leniency too

[UtBlaw 32]

1 hour ago, SKJ said:

Quick question. 

After this NIL stuff, do the colleges now have to pay players for their NIL in programs or other advertising for the programs? 

If not,  then CAN they?  I mean,  if you wanted to buy a player,  why not just give them a chunk of money for their NIL during recruiting for all the appearances, photos,  and etc used to market the program?

Schools can’t pay anyone. Nobody can pay recruits. But it does make it easier to insinuate a recruit will get what current players get and there’s a bigger grey area there for boosters regarding current players.

[SKJ 1305]

1 hour ago, UtBlaw said:

Schools can’t pay anyone. Nobody can pay recruits. But it does make it easier to insinuate a recruit will get what current players get and there’s a bigger grey area there for boosters regarding current players.

So a school has unlimited access to Nil of its athletes without paying them?  I think that's the next thing to fall out of this.  But I'm no lawyer

[tx 3 putt 76158]

3 hours ago, UtBlaw said:

there’s a bigger grey area 

 

SEC is going to map out every grey area possible when it comes NiL's 

it's only a matter of time

[Enchubben 5509]

100% guarantee handshake deals are being made for top recruits before they sign the dotted line.

By next year it will be SOP to know how much they’ll be getting from Big Red Motors upon signing.

[ouflak 60]

13 hours ago, tx 3 putt said:

Has anyone seen anything from Alabama players ?

https://sports.yahoo.com/various-alabama-players-sign-nil-235948419.html

[Enchubben 5509]

So do we only have a couple guys signing with a random hat company and that’s it? 

[taybo20 2815]

1 hour ago, ouflak said:

https://sports.yahoo.com/various-alabama-players-sign-nil-235948419.html

Young signing with CashApp seems like peak NLI and we just started...haha

[Jkwellborn 6649]

So a school has unlimited access to Nil of its athletes without paying them?  I think that's the next thing to fall out of this.  But I'm no lawyer

Why couldn’t the schools just put language to that effect in the scholarship?

[Guest]

Have a buddy whose son  is a 5th year Senior at a non-P5 school football program.  He shared that his son signed with Barstool sports. Without dragging out that conversation and being nosy, I have this question:

WTF does that even look like with regard to money to the athlete and what the athlete does for Barstool?

Edited July 4, 2021 by slorch

[ShaggyBevo RIP 3867]

11 hours ago, SKJ said:

So a school has unlimited access to Nil of its athletes without paying them?  I think that's the next thing to fall out of this.  But I'm no lawyer

NIL is likely a compliance nightmare for schools.  I wonder if compliance departments are going to have to hire more staff.

[jinx 2635]

42 minutes ago, slorch said:

Have a buddy whose son  is a 5th year Senior at a non-P5 school football program.  He shared that his son signed with Barstool sports. Without dragging out that conversation and being nosy, I have this question:

WTF does that even look like with regard to money to the athlete and what the athlete does for Barstool?

Lauren Burke also signed with Barstool. She has a funny video where she appears to be answering all the questions she has received about what that means, and just keeps replying “I don’t know”. 
 

Lots of new ground here for sure. 

[Enchubben 5509]

Yea the barstool stuff is likely just for fun at this point. Shirts/events etc. maaaaybe a select few get more than that down the road, but for now there isn’t a real coordinated plan.

I do appreciate the Instagram profile of the Texas softball player above. Daddy likey.

[UtBlaw 32]

5 hours ago, Enchubben said:

So do we only have a couple guys signing with a random hat company and that’s it? 

A couple of stupid clothing lines and a car wash is all I’ve seen (we are definitely moving slow on this)

[UtBlaw 32]

2 hours ago, slorch said:

Have a buddy whose son  is a 5th year Senior at a non-P5 school football program.  He shared that his son signed with Barstool sports. Without dragging out that conversation and being nosy, I have this question:

WTF does that even look like with regard to money to the athlete and what the athlete does for Barstool?

Depends entirely on what he’s doing for barstool . Weird to me they are contracting with non FBS players. I’d ask him. I’d be interested to know.

[UtBlaw 32]

1 hour ago, jinx said:

Lauren Burke also signed with Barstool. She has a funny video where she appears to be answering all the questions she has received about what that means, and just keeps replying “I don’t know”. 
 

Lots of new ground here for sure. 

If she’s being serious that’s not good. Businesses can easily screw these kids.

[Beau Vine 53964]

Lauren Burke is 22; she's not a kid.

[David Dennison 18603]

15 hours ago, UtBlaw said:

So the burden shifts back to UT. Surely, they’ll allow at least the school name, logos, and colors. Will likely require some sort of pre-approval process. thanks for noticing the lack of enforcement mechanism—that is easy to overlook.

Looks like Tennessee and LSU are allowing some version of IP leniency too

Leniency or are they licensing the use of trademarks?

[tx 3 putt 76158]

18 hours ago, Francisco 2.0 said:

 

[UtBlaw 32]

3 hours ago, David Dennison said:

Leniency or are they licensing the use of trademarks?

Dunno exactly how exactly they’re doing so I just called it “leniency.”

[UtBlaw 32]

3 hours ago, Beau Vine said:

Lauren Burke is 22; she's not a kid.

If you wanna be a bitch about it then you mean minor. She is still someone’s kid. And I didn’t say she was a minor.

[TwiceHorn 31184]

4 hours ago, David Dennison said:

Leniency or are they licensing the use of trademarks?

Pretty much no way around "leniency" = license.  Which would then implicate the "policing" aspect of it.

[CooterBrown 17874]

100% guarantee handshake deals are being made for top recruits before they sign the dotted line.
By next year it will be SOP to know how much they’ll be getting from Big Red Motors upon signing.

Signings in the high school gym will include the handing over of a giant lottery style poster board check.

[UtBlaw 32]

36 minutes ago, TwiceHorn said:

Pretty much no way around "leniency" = license.  Which would then implicate the "policing" aspect of it.

I should have used a different word. I meant it only in the sense those schools are allowing students to use IP to varying degrees.  I didn’t look into the specifics.
 

In general, I just want UT to be under pressure to loosen up.

[UtBlaw 32]

Just now, UtBlaw said:

I should have used a different word. I meant it only in the sense those schools are allowing students to use IP to varying degrees.  I didn’t look into the specifics.
 

In general, I just want UT to be under pressure to loosen up.

Oops, I thought that was a “not equal” sign in the post above for some reason and got confused. 😂

[UtBlaw 32]

58 minutes ago, TwiceHorn said:

Pretty much no way around "leniency" = license.  Which would then implicate the "policing" aspect of it.

On another note, Wanna broach post #856 TwiceHorn? SKG’s question specifically 

Edited July 4, 2021 by UtBlaw

[TwiceHorn 31184]

19 hours ago, SKJ said:

So a school has unlimited access to Nil of its athletes without paying them?  I think that's the next thing to fall out of this.  But I'm no lawyer

Not formally, no.  As in nothing said "university has right to use athlete X NIL without compensation."

As a practical matter, I think schools were using athlete's NIL in the context of team or athletics related promotional activities without compensation.  Like the photos on tickets Overshown was complaining about.  The universities were also making money off of athlete jersey sales, but no more than "non-athlete" jersey sales (except to the extent that maybe more Ehlinger jerseys sold than 00 or "make your own").  

But universities can't pay athletes for anything outside the usual scholarship limitations and that remains unchanged, for now.

And under most of the NIL laws, universities still have the unfettered right to athlete NIL in the context of team activities (things in uniform), but they don't derive any extra revenue from NIL, I don't believe.

I'm not aware of UT or anyone else "pimping out" athlete NIL for straight commercial purposes, like endorsements or whatever.

As a general matter, a person who voluntarily participates in some public activity, like playing football, has no right to their NIL until and unless it gets extracted from the context of the public activity and placed in some other, usually commercial, context.

Edited July 4, 2021 by TwiceHorn

[TwiceHorn 31184]

For a bit of background, the Elvis Presley Estate (a vast commercial entity) essentially created or pushed the creation of "NIL" laws.

There have been nebulous concepts of a right of privacy against the taking of unauthorized photos in certain circumstances, and of a related right of publicity for the use of authorized photos in contexts other than that in which the photo was taken.

One of the first issues was whether either of those rights survived the death of the subject.  EPE got a lot of statutes passed that accomplished that.  In Texas, it's called the Buddy Holly law.

So all of this Name, Image, Likeness belonging to the person for commercial purposes is an outgrowth of that.

[UtBlaw 32]

What do y’all think about this quote from an Oregon recruit?

 

Edited July 5, 2021 by UtBlaw

[David Dennison 18603]

It sounds like this is going to get really big, really fast, and some kids are going to make a whole bunch of money.

Good.

[atomheartbevo 89362]

13 minutes ago, UtBlaw said:

What do y’all think about this quote from an Oregon recruit?

[CooterBrown 17874]

Sounds like Nike is gonna win a National title.

[UtBlaw 32]

36 minutes ago, UtBlaw said:

What do y’all think about this quote from an Oregon recruit?

 

I just glanced at Oregon’s statute. It is way more permissive than Texas is. What would be a violation in Texas isn’t in Texas. Still seems sketchy tho

[atomheartbevo 89362]

A lot of this seems sketchy as fuck, and the bagmen are definitely going to be able to legally ramp up their game.  Expect the SMUs of the world to start fielding a much better product.  Poor aggy.  They better start locking down OOC games with North Eastern Mississippi State School for Blind Teachers.

The transfer portal will be nuts.

I wouldn't be surprised if there is some intense financial scrutiny of athletic departments at a lot of schools going forward, in terms of whether those departments are covering all of their expenses.  Imagine an athletic department that is sucking down a bunch of money from the  school for big construction projects, facilities, etc. (I'm afraid to mention aggy or RD will pop up) and then athletes come in and start cashing big checks.

Even though those checks would be based on NIL agreements with 3rd party companies, if you have things like the Oregon quotes above, where the school is making sure they get paid, that school's athletic department better be covering all of its expenses and then some.  It would piss off a lot of students to see these players come on campus, some of whom may have hard a hard time academically qualifying for said school, and then trade on the reputation of the school and the school's facilities/etc. to cash out big paychecks, all the while the school is subsidizing the athletic department.

I'm thinking this is going to really cause a lot of chaos in the short term.  I still think the head injury stuff is a longer term threat to football (as we know it), but this could fuck around with a lot of schools.

 

[tx 3 putt 76158]

1 hour ago, UtBlaw said:

What do y’all think about this quote from an Oregon recruit?

 

 

im calling it now, nike is going to offer brony james 100mil+ 

[UtBlaw 32]

The state of Texas fucked us with our statute. If they repeal it Texas schools can do whatever the fuck they want.  I can’t even conceive of what Aggy would engage in

[BurntOrange&White 39486]

We fucked up NIL and made it about players branding. Not sponsorship it seems 

[WhatTheBuck 28700]

Why even make them enroll in school? That seems to be the next logical step in the evolution of “college” football.

[Guest]

On 7/4/2021 at 11:06 AM, Enchubben said:

Yea the barstool stuff is likely just for fun at this point. Shirts/events etc. maaaaybe a select few get more than that down the road, but for now there isn’t a real coordinated plan.

 

Correct. Players get some trinkets/ swag and that’s the gist of it.

[ChickenSandwich 9797]

The fact that companies can freely give athletes free shit, meals etc as they see fit is a good result. Many who can’t make direct money can still directly benefit from the swag

[tx 3 putt 76158]

When tiger woods was at Stanford, Arnold Palmer took him to dinner and could not pay for Tiger 

[Catdaddyhorn 3444]

33 minutes ago, tx 3 putt said:

When tiger woods was at Stanford, Arnold Palmer took him to dinner and could not pay for Tiger 

Had the NCAA relaxed on petty, inane stuff like this a long time ago they would've gone a long ways towards receiving the benefit of the doubt that they can't even sniff today.  Like the UCF (backup) kicker who quit football in order to maintain his burgeoning Youtube page or Jeremy Bloom having to quit football to raise money for the Olympics the NCAA really had its head in its ass for far too long.  And because of it the pendulum is going to swing to an extreme end the other way before we have anything remotely sensible in place.  

[WhatTheBuck 28700]

44 minutes ago, tx 3 putt said:

When tiger woods was at Stanford, Arnold Palmer took him to dinner and could not pay for Tiger 

If they had formed a relationship when Tiger was in the eighth grade, he could have. That was one of the penalties against Maurice Clarett. He got a job at some dude’s restaurant when he was in the ninth grade. That guy was a mentor. Never profited off of him. But he gave him a cell phone when Clarett was a freshman at tOSU and that was a violation according to rules agreed upon by your school and my school and the majority of the rest of the member schools that make up the NCAA. If he had hired MoC just a few months earlier, it wouldn’t have been a violation. 

[MonkeyDoughnut 10134]

https://miami.rivals.com/news/american-top-team-plans-500-000-plus-nil-commitment-to-miami-players

"American Top Team, one of the nation's top training academies for MMA fighters which has 44 licensed gyms throughout South Florida and the world, has finalized plans to offer Name, Image, Likeness contracts to every University of Miami scholarship football player.

Each of the 90 existing Miami scholarship players will be offered a $500 a month contract (up to $6000 for a year) to endorse American Top Team through their social media accounts, personal appearances and other marketing vehicles. If all 90 players opt to accept a deal, the total American Top Team investment in year one could reach $540,000.

The deal is being administered by a new marketing company - "Bring Back The U" - which was created by South Florida businessman Dan Lambert, who founded American Top Team and is a longtime Golden Cane and member at CaneSport.com."

[PittsburghTiger 6136]

16 minutes ago, MonkeyDoughnut said:

https://miami.rivals.com/news/american-top-team-plans-500-000-plus-nil-commitment-to-miami-players

"American Top Team, one of the nation's top training academies for MMA fighters which has 44 licensed gyms throughout South Florida and the world, has finalized plans to offer Name, Image, Likeness contracts to every University of Miami scholarship football player.

Each of the 90 existing Miami scholarship players will be offered a $500 a month contract (up to $6000 for a year) to endorse American Top Team through their social media accounts, personal appearances and other marketing vehicles. If all 90 players opt to accept a deal, the total American Top Team investment in year one could reach $540,000.

The deal is being administered by a new marketing company - "Bring Back The U" - which was created by South Florida businessman Dan Lambert, who founded American Top Team and is a longtime Golden Cane and member at CaneSport.com."

And so it begins. I guess Luther Campbell was not available.

[NoName 16271]

On 7/4/2021 at 7:09 PM, TwiceHorn said:

For a bit of background, the Elvis Presley Estate (a vast commercial entity) essentially created or pushed the creation of "NIL" laws.

There have been nebulous concepts of a right of privacy against the taking of unauthorized photos in certain circumstances, and of a related right of publicity for the use of authorized photos in contexts other than that in which the photo was taken.

One of the first issues was whether either of those rights survived the death of the subject.  EPE got a lot of statutes passed that accomplished that.  In Texas, it's called the Buddy Holly law.

So all of this Name, Image, Likeness belonging to the person for commercial purposes is an outgrowth of that.

HA i read this like the Elvis Presley Estate pushed for NIL with regard to NCAA not NIL overall. I was confused as to what Elvis was interested in for NCAA athletes at first.

[NoName 16271]

17 hours ago, tx 3 putt said:

When tiger woods was at Stanford, Arnold Palmer took him to dinner and could not pay for Tiger 

I don't remember if it was here or elsewhere but someone shared comments from Mike Golic not being able to pay for other players meals at ND if they went out for dinner with his kid (when he was on the team) and his kid's friends because he was seen as a booster.

[ChickenSandwich 9797]

21 minutes ago, PittsburghTiger said:

And so it begins. I guess Luther Campbell was not available.

This all feels like the dot com start up bubble. Lots of money will be thrown around in anticipation of glorious returns only to see a major market correction in a few years. Should be fun to watch.