Term paper

Name Image and Likeness (NIL) Paper

The power struggle between student-athletes and the NCAA and it’s administrators has been an ongoing battle for the last 50 years. Being a current student-athlete who has been involved from an administration aspect, I believe I can provide a factual investigation to help shed light on the history and what the term NIL coins. This topic has divided many, and has been an uncomfortable topic for those to voice their opinions on due to the fear of backlash in the media. The new rules in 2021 have changed the landscape of college athletics with now every level of the NCAA. It allows student-athletes to be able monetize their success on and off the field with the use of their name, image, and likeness to be compensated. This is uncharted territory. Much like the pandemic, NIL deals and rules are an ongoing process, and change regularly so it is important that factual information is being spread to help create an equal playing field for all.

Ed O’Bannon became one of the first advocates for student-athletes regarding exploitation of name, image, and likeness. O’Bannon went on to pursue a lawsuit against the NCAA in 2014, he sued them for licensing the likenesses of its athletes for commercial purposes in the video game series EA Sports with its NCAA Basketball series. This case brought the debate of NIL to national main street media. The first domino to fall in favor of the pro NIL movement was in 2019 when California passed a law called the “Fair Pay to Play” act, allowing student-athletes to benefit from their likeness. The judge ordered the NCAA to pay $44.4 million in attorneys' fees, and another $1.5 million in costs to lawyers for the plaintiffs. The lawsuit was the extra push the pro NIL movement needed to springboard the most recent decision and legislation that has taken place over the past six months. With the new legislation coming into law effective July 1, 2021, many of those who had fallen victim to the NCAA’s original stance on players receiving impractical benefits for their likeness, are now seeking reparations with records and awards to be reinstated to those who were stripped. In 2010 the Ohio State football team made headlines when five of it’s star players went under investigation for exchanging jerseys, championship rings, and the traditional gold pants charms given in recognition of wins over archrival Michigan for tattoos at a parlor on the WestSide of Columbus. Begging the question: should those who broke a law that was overturned be held accountable while those who were to do the same action today would face no punishment or backlash? This brings us to the transition of student-athletes cashing in on NIL. This current legislation we have seen has allowed social media influencers see the full potential of what they are worth. Previously, those who were raking in millions of views and likes on social media posts were unable to receive compensation. This is important to note as recognizable female athletes were missing out on major paydays. The Average WNBA salary is $120,648 compared to the NBA's average annual salary reaching 8.32 million U.S. dollars in 2019, with it set to raise in the coming years. Now with NIL female athletes, such as Hanna & Haley Cavinder of Fresno state’s women's basketball, have been able to use their presence on TikTok and other platforms to market themselves early so they aren’t left behind and can be compensated fairly for their services. Recent survey has their shared TikTok evaluation at $520,000 annually, almost five times the amount a WNBA player makes annually. Moving forward, to what extent are universities taking to help promote their players to gain deals? The University of Minnesota along with other power five institutes have created designated tabs on their school's athletic website to help provide ways that companies can contact prospective student-athletes to pursue NIL partnerships.

This has become an interesting debate and has unique challenges that add to the power struggle of the mid-major schools and D2 / D3 program trying to recruit prospective student athletes. The most recent example being the #1 high school recruit. Quinn Ewers left high school a full year early to attend Ohio State University. Leaving for Columbus allowed him to pursue NIL deals due to his growing popularity. The current bylaws do not allow high school athletes to cash in on their likeness, but the current marketing plan in place by the Ohio State athletic program promotes and showcases their star players. Currently, Ewers has an estimated $1.4 million dollars with endorsements on his first semester as a buckeye.. Not to mention he is redshirting this season and the starter in front of him has another year before he is draft eligible for the NFL. Although universities are not directly paying athletes, there are clearly more opportunities for players who attend larger and more well known institutions compared to lower level schools. While NIL legislation is fresh, it is important to note that ensuring there are equal opportunities for female student-athletes under Title IX, and minority student-athletes under Title VII, is crucial to uphold as we all continue to navigate these unprecedented times. If we do not continue to strive for equality between all genders, we could see Federal Civil Rights lawsuits.

The change starts with us. Everyone has a voice that needs to be heard. If we aren’t setting the example, future generations of student-athletes will suffer due to the unwillingness of both parties to get along. Whether NIL is here to stay or amended, only time will tell. The one take away I ask of you is to continue to do your research, and be well educated on this issue as this isn’t the last time you will read or hear about Name Imagine and likeness affecting student-athletes on a campus near you.

Works Cited

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