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Will NIL laws have a positive or negative impact on college athletics?

BB

Brandon Boateng

Transcript

Will NIL laws have a positive or negative impact on college athletics?

By: Brandon Boateng

For this project I focused on the following points

Research

- Athletes and what NIL can do for them

- The History of NIL and how it came to be what it is today

-What to future of college sports looks like with NIL

-Controversies with NIL

"Changing Landscape" an informative newspaper article Zach Osterman focuses on the start of the NIL era and how football really got it rolling but basketball was the reason it started. The question of wheter college athletes should be paid or not started back in 2009 when Ed O'Bannon, a forward for UCLA basketball sued the NCAA. This lawsuit and many others opened the flood gates for NIL and there was no stopping it.

Osterman, Zach. CHANGING LANDSCAPE: NIL opportunities reshaping college basketball: 'Everything that was a sin is now saintly' Proquest. 7-23-22

https://www.proquest.com/docview/2692933213/CC23EAF1E0324400PQ/2?parentSessionId=8yjDBle2W7vmg6A1SjsHm8yY6V%2BCkaJpXPe6LvoapQs%3D

History of the NIL - Proquest

Future of college sports with NIL- ESPN

"Why NIL has been good for college sports ... and the hurdles that remain" a sports article by Jay Blias focuses on how many athletes are benefited by the addition of NIL not just the ones from high revenue sports but in return the NCAA becomes less stable. Athletes from various sports, not just the high-revenue ones, have acheived financial success through endorsements and commercial activities. Women's sports have thrived in the NIL space this has help empower female athletes and advance gender equality in sports. However, the NCAA's lessend authority, differing state laws, threat of congressional intervention, and the need for clear guidelines pose hurdles for them in the future tand it is something that must be addressed to ensure a fair and stable landscape for college athletes.

Blias, Jay. "Why NIL has been good for college sports ... and the hurdles that remain" ESPN 6-29-22 https://www.espn.com/college-sports/story/_/id/34161311/why-nil-good-college-sports-hurdles-remain

Controversies surrounding the NIL -TheRed&Black

James, John "Name, Image and Likeness: College sports' most controversial rule" TheRed&Black 9-2-22 https://www.redandblack.com/sports/name-image-and-likeness-college-sports-most-controversial-rule/article_ba46d8bc-2adc-11ed-b7eb-2f15fba555c8.html

"Name, Image and Likeness: College sports' most controversial rule" a news article by John James goes into detail about how athletes are now being bought by programs and it is ruining college sports. While student-athletes now have the opportunity to monetize themselves much concern has been raised about potential imbalances in recruiting and the need for stricter guidelines to ensure fairness and integrity within college sports. The current implementation of NIL rules remains a massive subject of debate for the future.

"Year 1 of NIL Brought Curveballs, Collectives and Chaos. Now What?" a sports article by Richard Johnson focuses on how NIL has greatly benefited athletes and opened many new doors to them. One positive aspect is the recognition of athletes' marketability and commercial success, as seen at the first NIL Summit and awards show. Athletes now have the opportunity to make money due to NIL and many have signed big deals.

What NIL can do for athletes - Sports Illustrated

Johnson, Richard "Year 1 of NIL Brought Curveballs, Collectives and Chaos. Now What?" Sports Illustrated 7-12-22 https://www.si.com/college/2022/07/12/nil-name-image-likeness-collectives-one-year

Additional Sources

5- Solari, Chris "What's in a name?: Emoni Bates will test the limits of NCAA's new frontier of name, image, likeness" Proquest July 7 2020 https://www.proquest.com/intermediateredirectforezproxy

6- Carino, Jerry "'There are not a lot of answers': Sports law professor weighs in on the NCAA's name, image and likeness proposal" Proquest May 6 2020 https://www.proquest.com/docview/2400348627/93C01EDF3A04402DPQ/5

7- IconSource "Everything You Need to Know About NIL" IconSource https://iconsource.com/everything-about-nil/#:~:text=NIL%20can%20trace%20its%20origins,and%20image%20in%20video%20games.

8- Turner, Lance "The Name Of the Game." Gale Aug 16,2021 https://go.gale.com/ps/retrieve.do?tabID=T003&resultListType=RESULT_LIST&searchResultsType=SingleTab&retrievalId=28733f0b-eadf-401a-a454-d35d6ea5a963&hitCount=4&searchType=BasicSearchForm&currentPosition=1&docId=GALE%7CA674725609&docType=Article&sort=Relevance&contentSegment=ZXBK-MOD1&prodId=GPS&pageNum=1&contentSet=GALE%7CA674725609&searchId=R2&userGroupName=vale41196&inPS=true

9- The Athletic College Football Staff "What is NIL?: Everything you need to know about the NCAA and name, image and likeness" The Athletic May 10, 2022

https://theathletic.com/3301694/2022/05/10/nil-ncaa-definition/

10- Jonathan Tully and Dan Rorabaugh "What does the term NIL mean and why is it so important to college sports?" The Palm Beach Post July 1, 2021

https://www.palmbeachpost.com/story/sports/college/2021/07/01/what-does-nil-mean-ncaa-college-sports-name-image-likeness/7819355002/

NIL in college sports has undergone many significant changes. For many years, the NCAA maintained strict restrictions on student-athletes profiting from their own names and likenesses, prohibiting commercial opportunities. This prevented athletes from capitalizing on their fame and earning money from potential endorsements from companies. However this all changed starting on July 1, 2021. The NCAA loosened these restrictions following pressure from state laws and legal challenges. This marked a significant turning point, allowing student-athletes to finally earn money through autograph signings, endorsements, and other commercial ventures.

A History of NIL

The concept of NIL college sports is changing the landscape of college sports. Before, college athletes were considered amateurs and not allowed to get paid for their athletic achievements. The origins of NIL can be traced back to a class-action lawsuit filed by former UCLA basketball player Ed O'Bannon in which he challenged the use of athletes' names and images in video games.

Origins of NIL

Evolution of NIL

Previously, college athletes were banned from receiving compensation for their athletic accomplishments. However due to recent changes in the NCAA rules and state laws they have allowed athletes to profit from their name, image, and likeness. Athletes are now exploring various opportunities such as endorsements, social media promotions, and partnerships with businesses to monetize their NIL.

Current Day

The NCAA's suspension of rules banning athletes from profiting off their name, image, and likeness represents a shift in the organization's definition of "amateur student athlete." Congress is expected to create national laws for clearer regulations but for write now weak guidelines allow athletes to capitalize big through NIL opportunities. Athletes are now exploring various avenues such as autograph signings, product endorsements, and social media posts to receive money. NIL is constanlly evolving and athletes are leveraging their newfound power in creative ways so that they can cash in on there fame regardless of their sports or fame.

Even with all the controvesies surrounding NIL, college sports will continue to be one of the most profitable buinesses in the sports industry. NIL will continue to evole eventually reaching a point that both sides of the whether college athletes should get paid or not argument can agree on.

Arguments for and against NIL

While there is a wide array of arguments that support NIL I believe three stand alone 1. Athlete's Right 2. Economic Opportunity 3. Fairness and Equity

Arguments that support NIL

Athletes Rights is a convincing argument because student-athletes should have the same rights as any other individual to profit from their own name, image, and likeness. Student athletes believe that denying athletes the opportunity to monetize their fame is a violation of their basic rights and fairness.

Athletes Rights

Economic Opportunity

Economic Oppurtunity is a good argument because NIL provides student-athletes with a valuable opportunity to earn income during their college years. Many athletes dedicate countless hours to their sport while also balancing an academic schedules and sometimes part-time jobs. Allowing them to leverage their popularity for commercial ventures can help alleviate financial pressures, cover educational expenses, and prepare them for future careers.

Fairness and Equity

Fairness and Equity is a good argument because NIL rights promote fairness and equity within college athletics. Historically, the NCAA and universities have generated a significant amount of money from the talent and performances of student-athletes, while the athletes themselves have received close to none. NIL rights aim to level the playing field by allowing athletes to benefit directly from their own market value, creating a more equitable system.

The three main arguments against NIL I would say are the are 1 Distraction from Academics 2 Competitive Imbalance 3 Amateurism and Collegiate Spirit.

Arguments against NIL

Distraction from Academics is a good argument because allowing student-athletes to profit from NIL could distract them from their academic responsibilities and team commitments. The pursuit of endorsement deals and commercial opportunities may lead to decreased focus on studies and team goals. This can potentially compromise the overall educational experience and athletic performance of the player and the team

Distraction from Academics

Competitive Imbalance

Competitive Imbalance is a good argument because NIL rights could enhance the existing competitive imbalance in college sports. Wealthier schools and boosters may have more resources to offer better endorsement deals which creates an uneven playing field. This could result in recruiting disparities, with most of the top talent going to schools that can offer the best NIL opportunities. This further widens the gap between larger and smaller programs.

Amateurism and Collegiate Spirit

Amateurism is a good argument because NIL rights undermine the traditional concept of amateurism, which has been a cornerstone of college athletics. Allowing athletes to profit from their name, image, and likeness almost erases the line between amateur and professional sports. This dilutes the unique spirit and values associated with collegiate sports.

My Thoughts

Athletes Rights, Economic oppurtunity, and fairness and equity I feel all outway the arguments of Distraction from Academics, Competitive Imbalance, Amateurism. Rights, Fairness, and economic oppurtunity are all things we look for in a job so why shouldn't athletes have access to that for their "job". In the question of whether NIL will be good for college sports or not I believe without a doubt the answer is that it it will be one of the best things for college sports, nil provides athletes with a chance at financial prosperity sooner and even if it may shift their focus towards the money and less on the actually sport, the main goal in sports is to become a pro so that you can get paid so being able to get it faster only makes sense.

What the future holds

NIL's future is clouded in mystery, there are so many paths that it can take it is hard to say which one has the highest possiblity of happening. Personally I think NIL is here to stay and is only going to get bigger. In the future I think college athletes could be signing big contracts and making just as much as pro athletes in their sports. This option looks like its already starting to happen due to many athletes all ready having million dollar NIL evaluations. This route seems best for the players due to them being able to captalize off their hardwork sooner but it is the worst route for the NCAA because they lose all they power over the athletes. Another way NIL can go is away. With all the controversies having to due with NIL such as players leaving schools to play at ones that offer them more money or kids just playing the sport money and not because they love it. It is really shining a bad light on college sports. It turns college sports more into a buissness and less into the fun, lovable sports we like to watch. This option would cause a lot of outrage within the student athlete community though and we could see them right back where they started fighting for compensation. Hopefully all the turmoil between the two sides can be diminished so that we can all watch college sports for years to come.

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