US House Representative Mark Walker introduces legislation to force NCAA to allow athletes to retain NIL rights

Submitted by stephenrjking on March 14th, 2019 at 7:21 PM

Try to keep other politics out of this.

I was torn about this bill. On the one hand, I agree with its premise: I believe athletes should retain Name-Image-Likeness (NIL) rights to do things like endorsements. 

On the other, I am very uncomfortable with government getting involved in the rules of sports leagues.

However, this bill (now introduced, two pages long, linked here) is a very wise way to bring about change. It takes an area where government is already intervening--tax exemption for amateur sports organizations, which NCAA sports are considered--and disqualifies organizations from the exemption if the organization prevents its athletes from using NIL rights for income.

Thus, it does not attempt to change NCAA rules; it tells the NCAA and its member institutions that they get to pay taxes if they won't let the players profit from their own likenesses.

There might need to be some carve-outs for legitimately small enterprises, but I like this a lot. 

kyeblue

March 14th, 2019 at 8:37 PM ^

NCAA will have to fight it otherwise its current model is dead. How is this different from letting boosters give money to athletes outright. Anyone can take a picture of an athlete and put it on ebay. 

 

kyeblue

March 14th, 2019 at 8:47 PM ^

If this happens, eventually, every college team will be run by a group of shadow owners who pay the players. Foxsports will own Big Ten, and ESPN will own SEC, and they will throw money behind their teams. Nike, Adidas, UA, will do the same. The payrate and caps will be negotiated (secretly) by those stake holders. At the end, NCAA just get rid of the revenue sports completely, and the university can simply license out their names to CFL(Collegiate Football League) and (CBA) Collegiate Basketball Association.

stjoemfan

March 14th, 2019 at 9:41 PM ^

My problem with this is that boosters can just give a kid a $10,000,000 likeness contract if he signs with Alabama.

What's to stop money laundering this way?

 

Sorry, didn't see this posted already

UAUM

March 14th, 2019 at 10:49 PM ^

Wonder how much the former players got paid for selling their likeness on those column banner endorsements at Michigan Stadium last fall. 

will

March 15th, 2019 at 7:20 AM ^

Question: when Michigan licenses Nike to produce #2 jerseys, how do you split the profit between the university, Nike,  CWoodson, and whoever on the roster happens to be wearing #2 at the time?

 

Blue in Paradise

March 15th, 2019 at 10:23 AM ^

Woodson doesn't own the #2 and would have no reason to get paid for UM jerseys with the #2 anymore so than Herman Moore would expect to get paid for whoever is wearing #84 for the Lions in 2019.

Woodson would and should, however, get paid for people buying #2 jerseys with the name Woodson on them.

stephenrjking

March 15th, 2019 at 12:48 PM ^

Michigan stopped producing #2 jerseys. There might still be some #1s around, but mostly they produce #4 (they already employ a man who prominently wore that jersey) and jerseys for the current year. 

They used to produce jerseys with prominent numbers of a given season. I have a #7 jersey from the Henson days. Of course, #7 has been a significant number for other players as well. It pretty much stopped with the Obannon decision. 

L'Carpetron Do…

March 15th, 2019 at 11:10 AM ^

This is a good bill and a good stepping off point for a fairer NCAA 'amateur' system. And as the OP notes it doesn't affect the budgets of the athletic departments at all. It just opens up an avenue - one that has been needlessly closed - for players to get compensated for their skills and talent. The NCAA has a seriously antiquated and lofty perception of what constitutes an 'amateur' and it makes them look bad, especially while the executives, commissioners, conferences and TV networks get filthy rich.  

I don't mind Congress sticking their nose in a sports league every once in a while, especially the NCAA, which has escaped congressional attention for a while now. It's essentially a system of unpaid labor involving thousands of athletes and billions of dollars. There probably isn't a congressional district in the U.S. that doesn't have a university and college athletes (maybe some tiny urban districts?). I applaud Walker for this and I hope he keeps it up.

MgoKY

March 15th, 2019 at 12:51 PM ^

Very simple...just like legalization of marijuana and the huge tax revenue that now produces.   Washington could not give a rip about the people, but about bringing untaxed money above board.  Same here....chasing more money, by bringing under the table exchanges, into a taxable scenario.   All the student income will obviously be taxed, unlike the $50 handshakes after games from the boosters, etc....