Abbott signs NIL bill

[Pescado_Rojo 19416]

1 hour ago, Napoleon said:

Volleyball players selling hot pants & posters of them wearing hot pants.

 

How much for a game worn pair? No, no...don't bother washing them. 

[tx 3 putt 76906]

A Baton Rouge firm is already going after ncaa athletes. They’re offering to find them social media opportunities. This many tweets about a business for $xxxx. 
 

[Burt Macklin 19020]

1 hour ago, longhornmatt said:

Yes, I honestly did believe that.  And I was right.  Why didn’t you believe that?   My post was discussing the hypothetical of a legitimate clothing business, not just a “pay the QB because he’s the QB” transaction or a business that’s just about marketing their athlete status.

 

That’s a very limited waiver that most people haven’t gotten. He was an exception because he already had the business well before college. No athlete would be able to start a clothing company in college, like you were discussing, and be able to show the NCAA that it isn’t based on or related to their athletics reputation, which is why you haven’t seen nationally famous guys like Trevor Lawrence with their own clothing company already. Pre-NIL law, the NCAA was strict on enforcing that kind of thing. 

[Napoleon 8671]

2 hours ago, RollLeft said:

Woah, woah, woah.... Also, i noticed the language went from agent to lawyers as being the only ones who can represent and negotiate the contracts for the players.  Well, thats good for the lawyers. 

I'm SHOCKED that the lawyers wrote a law that benefits lawyers at the expense of non-lawyers.

SHOCKED!!!
 

 

1 hour ago, tx 3 putt said:

A Baton Rouge firm is already going after ncaa athletes. They’re offering to find them social media opportunities. This many tweets about a business for $xxxx. 

College Football Daily's podcast had an episode recently with "Opendorse", a company out of Lincoln, NE all about this. They are already established with pro athletes and track all of your endorsements for you so that the athlete can easily show where the money is coming from and how much from each source. (The host of College Football Daily is a Texas Ex.)

https://podcasts.apple.com/us/podcast/opendorse-will-make-it-easy-for-student-athletes-to/id1369206983?i=1000524920538

[TexasBeta 1261]

While I want our boys (and girls) to exploit this to their benefit..... I would rather them focus on football (or other sport) rather then their clothing line or whatever it is they have in their head. 

 

[CfRhTxStBobcats 600]

2 hours ago, TrashMaster G said:

Owen's???

Damnit! Predictive text. Must learn to proofread. 

[TwiceHorn 31451]

2 hours ago, RollLeft said:

Woah, woah, woah.  First off, count me in the EVERY position is a skill position camp, but i get your point;)

Just did a quick read of the SB.  

First off no money can be made by the player from the University prior to enrolling and any contract ends when no longer enrolled.  

Regarding the royalty, the way the language reads, players can earn money only from outside of "team" activities and no player contract can impede a contract the institution already has with someone.  So no split of ticket sales or royalties the university already gets.  That said, your name/jersey sells we cut you in.  

Also, i noticed the language went from agent to lawyers as being the only ones who can represent and negotiate the contracts for the players.  Well, thats good for the lawyers. 

Most agents are lawyers, or hire them to work on the actual contract language.  That whole unauthorized practice of law thing is for real.

These are basically IP licenses.  In the IP license context, the buyer/licensee tries to figure out how much the licensed property will increase net profit and give the licensor some portion of that increase.  A rule of thumb has been 25% of the increase, and then back that out to a percentage of the per-unit sale price.  Of course figuring out your own real net profit, and any increase, is a matter of some speculation.  And for the property owner, who lacks the data, to figure it out, it something else altogether.

 

[tx 3 putt 76906]

Beginning of the end of college sports as we know it 

 

[Scooter Monzingo 820]

3 hours ago, RollLeft said:

Woah, woah, woah.  First off, count me in the EVERY position is a skill position camp, but i get your point;)

Just did a quick read of the SB.  

First off no money can be made by the player from the University prior to enrolling and any contract ends when no longer enrolled.  

Regarding the royalty, the way the language reads, players can earn money only from outside of "team" activities and no player contract can impede a contract the institution already has with someone.  So no split of ticket sales or royalties the university already gets.  That said, your name/jersey sells we cut you in.  

Also, i noticed the language went from agent to lawyers as being the only ones who can represent and negotiate the contracts for the players.  Well, thats good for the lawyers. 

Couple of things. First, regarding the rules of endorsement, how can it possibly be policed? There could potentially be thousands of deals that would not only have to be reviewed, but enforced. The NCAA is incapable of enforcing their own rule book, much less complicated tax law that is different in each state. Hell, the NCAA can’t even supoeana, so they can’t do very much even if they suspected foul play. So who exactly is going to oversea this? 
 

So far as lawyers. Well, like them or not, without their participation it would be tragic to some families who have no fucking idea how to manage ones brand. The contracts are complicated, and have potentially long term harm if written poorly. And you can bet your ass the horror stories are coming. Send lawyers, guns and money, the shit has hit the fan.

[RollLeft 5044]

14 minutes ago, Scooter Monzingo said:

...  So who exactly is going to oversea this? 

So far as lawyers. Well, like them or not, without their participation it would be tragic to some families who have no fucking idea how to manage ones brand. The contracts are complicated, and have potentially long term harm if written poorly. And you can bet your ass the horror stories are coming. 

Navy?  Seriously though I have no problem with lawyers.  I have a problem with titles masquerading as competence.  I have reviewed contracts from just as many worthless and unscrupulous lawyers as competent good ones.  

[Beau Vine 54211]

5 hours ago, longhornmatt said:

This was my thought, too.   Unless their clothes are all going to have pictures of them, or unless they’re just kind of implicitly acknowledging the clothes part is a sham and they’re going to be getting paid for playing college sports, I’m not even sure how they were prohibited from this before.  Couldn’t a college football player have a legitimate clothing business even under the old rules?

Have you had your head up your ass for the last 20 years?  Players couldn't even monetize their own youtube channel.

[Machinator 32099]

 

[TwiceHorn 31451]

1 hour ago, Scooter Monzingo said:

Couple of things. First, regarding the rules of endorsement, how can it possibly be policed? There could potentially be thousands of deals that would not only have to be reviewed, but enforced. The NCAA is incapable of enforcing their own rule book, much less complicated tax law that is different in each state. Hell, the NCAA can’t even supoeana, so they can’t do very much even if they suspected foul play. So who exactly is going to oversea this? 
 

So far as lawyers. Well, like them or not, without their participation it would be tragic to some families who have no fucking idea how to manage ones brand. The contracts are complicated, and have potentially long term harm if written poorly. And you can bet your ass the horror stories are coming. Send lawyers, guns and money, the shit has hit the fan.

According to the Texas law, all of a university's players have to submit their contracts to the university.  So it's a university deal, not an NCAA deal.

The contracts would be enforced by lawsuits for non- or under-payment, as is the usual case.  I'm sure the licensees will avoid "best efforts" clauses that are a ticket to lawsuits.

But I suspect in this particular environment, a bad licensee, one that stiffs players or otherwise fucks around, is not going to last long.

There will, however, probably be a number of lawsuits from poorly advised or otherwise informed players.  That just seems inevitable.

[Lhorn 4913]

1 hour ago, Machinator said:

 

I am not in the know about much other than the mainstream sports. Had to look her up and figure out how she could have made 50k selling a bat.  D’oh

[pops 6983]

3 hours ago, Machinator said:

 

I think a lot of these minor sport athletes, even if they excel,  are in for a rude awakening when they realize no one gives a fuck about them. Same goes for the defensive lineman or 2nd string running back that get a free bowl of soup when QB1 is getting 100k a year in deals. 

I have no problem with athletes getting something for their efforts. I just don't see this model ending well. 

[tx 3 putt 76906]

1 hour ago, pops said:

I think a lot of these minor sport athletes, even if they excel,  are in for a rude awakening when they realize no one gives a fuck about them. Same goes for the defensive lineman or 2nd string running back that get a free bowl of soup when QB1 is getting 100k a year in deals. 

I have no problem with athletes getting something for their efforts. I just don't see this model ending well. 

 

you lock down those deals before you even touch the field. pay to show up 

[pops 6983]

27 minutes ago, tx 3 putt said:

 

you lock down those deals before you even touch the field. pay to show up 

But that's my point. No one is paying the left guard for shit. And no one in the world is paying a member of the diving team. Not sure how all this will play in the room. 

[Sawbonz 27547]

22 hours ago, Rholl said:

25 dudes sitting around at an autograph event...... and 3 dudes got a line.... the rest are lookin for scraps........

[tx 3 putt 76906]

3 minutes ago, pops said:

But that's my point. No one is paying the left guard for shit. And no one in the world is paying a member of the diving team. Not sure how all this will play in the room. 

 

5star hs left guard recruit. every top college wants him. which alumni group is going to step up and sign him to some promotional deals to get him on campus

[TwiceHorn 31451]

37 minutes ago, tx 3 putt said:

 

5star hs left guard recruit. every top college wants him. which alumni group is going to step up and sign him to some promotional deals to get him on campus

If/when that happens, this whole thing will go straight down the tubes.  It's forbidden by the Texas law.

[Zeus 6019]

Slippery slope

 

[tx 3 putt 76906]

6 minutes ago, TwiceHorn said:

If/when that happens, this whole thing will go straight down the tubes.  It's forbidden by the Texas law.

 

are the rules in place currently being followed ?

i haven't read the law but what's stop a hand shake for a promotional deal once you enroll. also what's to stop the ever famous uncle from being the business manager and getting his cut. 

[TwiceHorn 31451]

1 minute ago, tx 3 putt said:

 

are the rules in place currently being followed ?

i haven't read the law but what's stop a hand shake for a promotional deal once you enroll. also what's to stop the ever famous uncle from being the business manager and getting his cut. 

None of this has gone into effect.

These type of license agreements are pretty easy to analyze for "fraud," or such a bad deal for the licensee that something has to be up.  They have to be turned over to the university under the Texas law, and probably most.  So they're going to be scrutinized to some degree.

The typical licensees are going to be established apparel manufacturers/sellers, not Hicks' A1 Evers Jerseys, LLC.  It's going to be Nike, Adidas, UnderArmor, the usual suspects and maybe a few smaller players. Anyone who's going to sell "Texas" gear is already going to have to be licensed by UT, whether it has Hudson Card's NIL on it or not.  That's an already small universe of companies.

Let's say you want to attract a player with a $50,000 advance payment on a license for NIL gear, say, bobblehead dolls.  And ignore the fact that you need to be licensed by UT to use "Texas," the longhorn logo, and burnt orange and white.  You form Dipshit Alumni, LLC, write up the contract, and pay $50,000.  To keep this from being an obvious sham, you're going to have to make  at least $50k worth of bobblehead dolls, at cost.  Probably more like at least $100k, probably more like $300 or $400k.  That's gonna get expensive as fuck.

If alumni groups want to make surreptitious payments, this is not a good way to do it.

[tx 3 putt 76906]

what about paying an athlete to tweet / instagram / tiktok my business ?

zero over head. zero ut gear should be worn. 

[KatHorn 20]

The Tax Man Cometh

 

[TwiceHorn 31451]

31 minutes ago, tx 3 putt said:

what about paying an athlete to tweet / instagram / tiktok my business ?

zero over head. zero ut gear should be worn. 

I'm not sure that's actually allowed.  That starts to resemble work.

They can pay a player for the right to use their name and pic, "Sam Ehlinger says eat more Salt Lick" or some shit, but I don't think they can turn them into active promoters of the brand.

And, presumably, that would be for local businesses, so it would probably raise a few eyebrows if P. Terry's pays $50k for the right to use Ehlinger's (or whoever's) photo and name in an advertisement.

The whole thing that makes this "go" is the passivity of the student-athlete.  They aren't working, but others have been using their NIL for free because they weren't allowed to exploit it.

Edited June 16, 2021 by TwiceHorn

[tx 3 putt 76906]

32 minutes ago, TwiceHorn said:

I'm not sure that's actually allowed.  That starts to resemble work.

They can pay a player for the right to use their name and pic, "Sam Ehlinger says eat more Salt Lick" or some shit, but I don't think they can turn them into active promoters of the brand.

 

it'll be interesting to see how it all plays out. ill make this bet, the system will be heavily abused. showing up at a business and then going digital, that'll be quick and easy cash

Edited June 16, 2021 by tx 3 putt

[TwiceHorn 31451]

12 hours ago, Burt Macklin said:

Lol wut. You honestly thought college players could run a business and make profits from it without losing eligibility?

And any player who creates their own clothing brand will pretty much automatically incorporate their NIL because it’s their clothing brand. 

 

 

I think you’re looking at this a little too formally and narrowly. NIL encompasses way more than just licensing for trademarked brands and logos. Players can now be paid for tweeting about a company, making appearances, autograph sessions, public speaking, etc. many of these can be small, upfront transactions that don’t require a lot of excessive legal fees or enforcement and the players have to submit the contracts to the University, so I’d bet the university will provide some free contract review for the players and probably have standardized form contracts for a lot of these situations. 

You may be right about my viewing it a bit narrowly.

Nevertheless, as in the recent back-and-forth, this permits third parties (not the athlete and not the university) to use a player's NIL and for the player to be compensated.

I don't believe it opens the door (intentionally at least) to athletes becoming shills, even just through social media (as opposed to more "formal" advertising) for companies or products.  The athlete can grant permission to use NIL in product endorsements or advertisements, but isn't intended to become actively involved in it.

It seems like very, very few athletes will be able to sell such endorsements on a national scale.  Seems like it will only be for local businesses and the money there would seem to be much less than jersey sales, etc.  But it could mount up for the athlete.  Ten local businesses paying Ehlinger a couple grand to use his pic and "eat more salt lick" or something could wind up pretty lucrative.

Also, I don't think it's going to end up permitting athletes to develop "brands" other than their NIL, like the above "the trav."  That's a pretty conventional trademark, rather than NIL.

It's funny, you see lots of "rankings" of jersey sales in various sports (they all go through NFL/NBA/NHL etc. because those orgs own the rights to team logos for the most part.  But you never see what the actual sales are, on a dollar or unit basis.

I suspect Ehlinger jerseys were as popular as any since Vince.  But I have no idea how many that really means.  10,000?  50,000?  I see that universities tend to get about 10% of the sale price of a team jersey.  I can't imagine an athlete is going to do any better than that.

Edited June 16, 2021 by TwiceHorn

[ousux 5597]

I’m already tired of the phrase “build your brand.”

I've been tired of that and "my personal brand" for years now. Guess there are plenty of these types making absurd money on YT, Tik Tok etc out there and more power to them, (and their braindead fans) but I dont see myself the same as a car company or fucking wristwatch, and if wanted to become a star I would have gone to Hollywood or never quit drum lessons..

[CooterBrown 18006]

All these kids are gonna get fucked by lawyers writing these contracts. After a couple of years, we will be at the point where players will hire an agent to negotiate their contracts. Then it will be negotiating playing time.

[Barbacoa 1934]

2 hours ago, CooterBrown said:

All these kids are gonna get fucked by lawyers writing these contracts. After a couple of years, we will be at the point where players will hire an agent to negotiate their contracts. Then it will be negotiating playing time.

Ugh I bet youre right. 

[Jhawk 1075]

The way most kids are going to get fucked is that they will overestimate their brand. An attorney will charge them 5k and their brand is worth 3k. Or the attorney is going to take a contingency fee of 35-50% because of the work/risk factor. Which means attorneys becoming the clearinghouse for money. I really like the idea of kids being able to make money on NIL and I think it’s the only sustainable way for kid’s to get paid to play college sports. It’s market driven and that’s good. I do think in a vacuum it is going to be extraordinarily tough to police or maintain the system. It’ll also be tough on player egos when the 5* backup freshman is getting paid more than the 5* reached his potential and isn’t a draft pick starter. 
 

Then you throw in the transfer portal and the whole thing becomes an absolute abortion. NIL won’t kill college athletics. The decisions of the NCAA coupled with the NIL absolutely will. And when that time comes we have no one else to thank but the administrators of the schools we love for not running a clean shop and being proactive for the last 30 years. 

[Burt Macklin 19020]

8 hours ago, TwiceHorn said:

Nevertheless, as in the recent back-and-forth, this permits third parties (not the athlete and not the university) to use a player's NIL and for the player to be compensated.

I don't believe it opens the door (intentionally at least) to athletes becoming shills, even just through social media (as opposed to more "formal" advertising) for companies or products. 

You’re right it opens the door for third parties to use player’s NILs, but I don’t see where you’re getting the idea that it’s limited solely to that. I realize that’s normally the context in which this is brought up in IP infringement suits, but that doesn’t mean that is the only thing that is covered by the statute.  Such an idea is simply not in the language of the statute that was signed. 
 

Institutions are forbidden from punishing players for “earning compensation for the use of the student’s name, image, or likeness.” It does not say only third parties may use the NIL. If a player uses his name, image, or likeness to promote a brand on his social media, then he is using his name, image, and likeness and being compensated for it. Thus, he is protected by the statute.
 

This opens the door for a whole range of possibilities well beyond strictly licensing deals. Most of the deals that come from this will be one-off appearances, social media posts, etc. these won’t require complicated licensing deals like you’ve been discussing and such deals are also very simple and can generally be executed using a standard form that will likely be reviewed by the university.
 

National stars will need an agent and incur serious legal fees for broader licensing deals like you’re discussing, but they can also bring in enough money from those deals to make it worth it. For most players though, that’s not the type of deal that will be most commonly used to be compensated for the use of their name, image, or likeness. 

[TwiceHorn 31451]

1 hour ago, Burt Macklin said:

You’re right it opens the door for third parties to use player’s NILs, but I don’t see where you’re getting the idea that it’s limited solely to that. I realize that’s normally the context in which this is brought up in IP infringement suits, but that doesn’t mean that is the only thing that is covered by the statute.  Such an idea is simply not in the language of the statute that was signed. 
 

Institutions are forbidden from punishing players for “earning compensation for the use of the student’s name, image, or likeness.” It does not say only third parties may use the NIL. If a player uses his name, image, or likeness to promote a brand on his social media, then he is using his name, image, and likeness and being compensated for it. Thus, he is protected by the statute.
 

This opens the door for a whole range of possibilities well beyond strictly licensing deals. Most of the deals that come from this will be one-off appearances, social media posts, etc. these won’t require complicated licensing deals like you’ve been discussing and such deals are also very simple and can generally be executed using a standard form that will likely be reviewed by the university.
 

National stars will need an agent and incur serious legal fees for broader licensing deals like you’re discussing, but they can also bring in enough money from those deals to make it worth it. For most players though, that’s not the type of deal that will be most commonly used to be compensated for the use of their name, image, or likeness. 

I could be wrong and it will depend on how things pan out, but I think the intention is, as said, for the student-athlete to PASSIVELY license NIL to third parties.  Where essentially all of the work is done by the third party using the player's NIL.

As soon as they start actively working, as in participating in commercials or ads or whatnot, or actively promoting another "brand" on their social media, that's getting beyond the origin of all this and seems to run afoul of the work rules that have traditionally applied to student athletes.

It seems to me that there are two issues here that implicate traditional NCAA bans.  The first is the right to compensation, which I think the NIL stuff is intended to address.  The second is the right to work, which also includes a right to compensation.  I think most of the debate has centered on the first rather than the second, and if/when it starts heading toward athletes working as "influencers" or whatever, and the NIL starts shading over to actual trademarks and branding removed from NIL (think Honey Badger), this stuff is going to get cut further back than some of the current legislative lingo permits.

The Texas law is illustrative:

Quote

(c)  An institution to which this section applies may not:
	(1)  adopt or enforce a policy, requirement, standard,
	or limitation that prohibits or otherwise prevents a student
	athlete participating in an intercollegiate athletic program at the
	institution from:
	(A)  earning compensation for the use of the
	student athlete's name, image, or likeness when the student athlete
	is not engaged in official team activities, as that term is defined
	by the institution; or

It doesn't say "using" or some other language that implies that the athlete can use his NIL, but compensation for the USE, implicitly by others, of NIL.

Theres some other shit in there, like autographs, that tends to blur it up and more implicate active participation by the student-athlete.

Maybe this is the kind of stuff the feds will clean up if they get around to it.

[Burt Macklin 19020]

11 minutes ago, TwiceHorn said:

I think the intention is, as said, for the student-athlete to PASSIVELY license NIL to third parties. 

Where are you getting this intention from? I don’t think that’s ever been the intent. The states have focused on the injustice of not allowing players to earn money while participating in a multi-billion dollar industry. I’ve never seen any stated intent based on passive versus active earning.
 

15 minutes ago, TwiceHorn said:

It doesn't say "using" or some other language that implies that the athlete can use his NIL, but compensation for the USE, implicitly by others, of NIL.

I don’t see how distinguishing between active and passive voice changes who can use the NIL. Either way, the statute does not specify who may use it. 

It broadly states they can’t be punished for the use of the student’s NIL to earn compensation.  A player can use his own NIL to earn money or he can license it to a third party to use his NIL to earn money. The statute is written in extremely broad terms and makes no distinction between first party or third party usage. 

 

[Zeus 6019]

I think the players should group together, make a cool brand that is vaguely "Texas" without being Texas and split the profits. Make the gear luxury, sell it at a premium, and create a new brand that uses their NIL to sell the stuff. 

Instead of supporting the players from 50 different individual brands they created on their Instagram and sloppily managed, they can work together like a team and really rake in some cash. 

Maybe if they get big enough they can use their LEVERAGE to pay for officially licensed gear and slang that too.

[TwiceHorn 31451]

22 minutes ago, Burt Macklin said:

Where are you getting this intention from? I don’t think that’s ever been the intent. The states have focused on the injustice of not allowing players to earn money while participating in a multi-billion dollar industry. I’ve never seen any stated intent based on passive versus active earning.
 

I don’t see how distinguishing between active and passive voice changes who can use the NIL. Either way, the statute does not specify who may use it. 

It broadly states they can’t be punished for the use of the student’s NIL to earn compensation.  A player can use his own NIL to earn money or he can license it to a third party to use his NIL to earn money. The statute is written in extremely broad terms and makes no distinction between first party or third party usage. 

 

What I mean is, others (not the athlete) have been using NIL of athletes for some time without paying any compensation or any to the athlete.  Overshown's "robbed" scenario.  University stuff, video games, jerseys, so on and so forth.  Probably also worth noting that the right of regular people, not regulated by the NCAA or universities, have not clearly been able to profit from NIL until fairly recently, meaning have a legally enforceable right to stop people from using their NIL as opposed to voluntarily paying them for promotional services.

The issue wasn't whether athletes could "work" using their NIL.

The remedy has been to allow them to receive compensation for the use, by others, of NIL.  Somewhat curiously, universities still are allowed to use NIL without compensation, at least insofar as it relates to the university/team.  Overshown's "ticket pix" for example.

Now that may all have been blurred up, but I think that's straying into an unmanageable scenario that is apart from the original intention of permitting them to receive compensation from use of their NIL, that was already ongoing.

 

And I guess the major point is, we're just now seeing what the laws and rules may or may not permit.  Speculation about it by pundits, and ESPN, and even lawmakers, is just a bunch of fluffy bullshit.

Edited June 16, 2021 by TwiceHorn

[markstanco 12574]

22 hours ago, tx 3 putt said:

Beginning of the end of college sports as we know it 

 

With the bottomless pockets of their alumni, Arky is about to lands some really good 5 star player over the next few years. 

"Want to be in a Wal Mart commercial Mr 17 year old?"

[tx 3 putt 76906]

38 minutes ago, markstanco said:

With the bottomless pockets of their alumni, Arky is about to lands some really good 5 star player over the next few years. 

"Want to be in a Wal Mart commercial Mr 17 year old?"

jim bob delusional aggie alum / feed store owner. hs recruit + 1mil+ social media followers just up'd their value 

that sooner auto dealership can legally do what they've been doing for  years now 

[markstanco 12574]

2 hours ago, tx 3 putt said:

 

that sooner auto dealership can legally do what they've been doing for  years now 

IIR, Big Red was paying Bomar'd for working when not showing up.  That may still be illegal, yes? But, there are many other options like commercials and autographs of course. 

[tx 3 putt 76906]

26 minutes ago, markstanco said:

IIR, Big Red was paying Bomar'd for working when not showing up.  That may still be illegal, yes? But, there are many other options like commercials and autographs of course. 

they can pay any sooner athlete for the use of cardboard cut out images 

[Machinator 32099]

 

[Machinator 32099]

FCB: Still no NCAA guidelines for NIL could mean chaos for schools where laws about to take effect

Spoiler

In two weeks, a ground-breaking new law will go into effect in Texas allowing student-athletes to make money off their individual name, image and likeness for the first time in history.

And while there are some parameters that were laid out in the law, sponsored by Texas Sen. Brandon Creighton, R-Conroe, such as no endorsement deals involving alcohol, tobacco, casino gambling, a firearm the student-athlete can’t legally purchase or sexually oriented businesses - there are details that are from clear.

Like can a student-athlete start a GoFundMe with the sole purpose of allowing their fans to send them money?

“They have to notify their school of their contracts,” Creighton told Horns247 in a text exchange Wednesday. “It has to be in line with the school’s morality clause, athletic department policies and the school’s honor code.

“An athlete could probably work it out by partnering with a brand and doing a GoFundMe, but the athlete needs to be ‘earning compensation for their name, image and likeness.’”

When I followed up by asking if the student-athlete is required to earn compensation through a partnership (with a business or brand, etc.) as opposed to individually accepting any donations from fans (via a vehicle like GoFundMe), Creighton said:

“There is no precedent for this, but the spirit and intent of the legislation is for the athlete to be able to earn compensation for their NIL through a specific agreement, in collaboration and with transparency working with the university.

“The legislation is a baseline and allows for each university to establish additional guardrails as they see fit, along with ethics and morality stipulations should they decide to do so.

“Many different clever hypotheticals have been suggested. However, we will have to see what evolves going forward. If there’s concern about unintended consequences, we can always go back into the legislation and strengthen it.”

Three Power Five athletic directors in states with NIL laws about to go into effect contacted by Horns247 couldn’t answer for certain how they’d handle if one or more of their student-athletes started a personal GoFundMe to profit from their name, image and likeness once NIL laws go into effect.

“In the grand scheme of major concerns, that (starting a GoFundMe) was definitely discussed,” said one Power Five athletic director. “I don’t think it would be permissible under the anticipated guidelines. But without having anything in writing, I can’t say for sure. It’s certainly against the spirit and intent of the rules. But who knows? This stuff is all over the place.”

The anticipated guidelines. That’s another significant problem. Where are those anticipated guidelines from the NCAA?

NCAA president Mark Emmert told The New York Times in May he’d recommend membership approve NIL guidelines by July 1. We’re still waiting.

“Everyone is looking for direction from the NCAA for uniformity, so schools are operating on a level playing field,” said another Power Five athletic director in a state with an NIL law about to go into effect.

“And the NCAA is looking to Congress for federal legislation that would provide uniformity. The problem is the state laws are about to go into effect, and we still don’t have any direction in writing.”

Texas linebacker DeMarvion Overshown asked on Twitter Tuesday night if the new NIL law set to go into effect July 1 would allow student-athletes to start an OnlyFans account?

“Asking for a friend” - Overshown said in the Tweet.

When you click on Onlyfans.com, it says, “Sign up to make money and interact with your fans!”

While some use OnlyFans to provide provocative personal content to paying fans, Overshown pointed out in a subsequent tweet that’s it’s used to post “regular stuff” too.

Musicians are increasingly using OnlyFans as a way to provide content to paying fans.

In a tweet a day later, Overshown said, “No one answered my question.”

Here’s the dilemma. Today’s student-athletes are keenly aware of how some are making money through vehicles like GoFundMe, OnlyFans, Twitch and YouTube.

Overshown posted how a woman known as Bhad Bhabie netted $1 million in the first six hours after starting an OnlyFans account.

When you go to gofundme.com and click on “For individuals” - it says under “Start your fundraiser:” 1) Set your fundraiser goal; 2) Tell your story; 3) Add a picture or video.

Simple as A-B-C. Student-athletes aren’t allowed to mention their university, show any images of themselves in their school uniforms or use any of their universities’ trademarks or logos in earning NIL compensation. But college fans know who the players are, follow them on Twitter, Instagram,TikTok and Twitch and would only need a link posted by a student-athlete to send them money.

“Popularity alone can drive value,” Creighton said. “We learned in the hearing of a female athlete in Texas that had over 1 million TikTok followers, and that social media influence is worth compensation daily. Very interesting where this is headed.”

That’s one way to put it.

Without uniformity, there’s a very distinct possibility one or more student-athletes will go the route of a GoFundMe. And what happens if a popular student-athlete gets $10,000 in that account before the NCAA comes out with NIL guidelines prohibiting such accounts?

Who’s going to make the student-athlete give that money back? His own school? The same school trying to be competitive when it comes to using NIL as a recruiting tool as much as legally possible?

Lawmakers are putting it on schools to add extra guardrails. Schools are looking to the NCAA for guidance. And the NCAA is looking to Congress for a uniform federal law.

And we have two weeks until five states, including Texas, enact NIL laws. If schools don’t have direction from the NCAA by July 1 on what is permissible or not, hold on tight, because student-athletes are asking the right questions now.

But if they don’t get any answers, they’ll probably just move forward. And good luck trying to tell a student-athlete who is finally making money off his or her name, image and likeness that he or she is doing it the wrong way and must stop.

The NCAA has never been needed more by its member schools and stands to lose total control of perhaps the biggest rule-change in the governing body’s history.

There’s definitely more to come on this front.

 

[Machinator 32099]

 

[TwiceHorn 31451]

On 6/16/2021 at 4:15 PM, markstanco said:

IIR, Big Red was paying Bomar'd for working when not showing up.  That may still be illegal, yes? But, there are many other options like commercials and autographs of course. 

As far as I know, athletes are still allowed to work, subject to rules imposed by the university and supervision, the lack of which can get the university in NCAA trouble.

I would suppose, to the extent student-athletes are working in connection with their NIL "deals," they will still be subject to those rules, if not completely subsumed into the NIL contract filed with the university.

Like, a NIL contract with say Covert, could call for five personal appearances for $2500.  So that contract goes to NIL at UT and gets approved.

But then, there had better be five personal appearances or a proration of the $2500, or you have the Big Red problem.

Contrast with a contract with Covert that says they'll make five cutouts or 50 tshirts for $500, where the athlete doesn't have to do anything, except maybe pose for the picture, out of uniform and without UT branding.  That doesn't implicate the work rules.

 

Edited June 18, 2021 by TwiceHorn

[Dbeasy 15047]

I don't think anyone is fully comprehending where we are headed with NIL.  This is just my opinion, but it's based upon an average looking high school teacher modeling lingerie and making $1.5M per year on OnlyFans.

Basically, all of society is breaking down and the Kardashians were the bell cow for it. Our society has lawyers, doctors, executives, teachers, and other professionals who have put in tremendous effort getting degrees, advanced degrees, and performing hard work to achieve success and wealth in life.  Until now, the world was at least "reasonably fair".  Going forward, the semi-wealthy (the real wealthy always win, so don't bother worrying about them, they will be fine) will soon realize that a whole lot of these athletes will be making high school lingerie model income from their Instagram,Twitter, OnlyFans and other social accounts. The world will be stunned at what this becomes and the semi-wealthy will feel cheated and wronged.  The institutions will try to control it and it will fail miserably, because people love sports, celebrities, and sex.  Wealth will now align more than ever to those three tenants. Dwayne The Rock for President 2024.

[Machinator 32099]

https://www.instagram.com/the_sharkfive/

Edited June 21, 2021 by Machinator

[Machinator 32099]

 

[Beau Vine 54211]

On 6/15/2021 at 11:33 PM, KatHorn said:

The Tax Man Cometh

 

Not sure why some of you are making such a big deal about this.  About 90% of my normal students seem to have at-least part time jobs.

[DanTheHorn 4922]

On 6/14/2021 at 11:44 PM, Rholl said:

25 dudes sitting around at an autograph event...... and 3 dudes got a line.... the rest are lookin for scraps........

Some say that ain't all bad.