For the longest time there has been a debate on whether or not college athletes should be paid, part of this conversation also had to do with the topic of student-athlete name, image, and likeness. The NCAA has been a focal point of conversation due to this in small daily conversations and in national media.
When looking at whether or not NCAA athletes should be paid there are two key points to look at, being paid to attend the school and play the sport, similar to professional athletes, and for the athletes being able to use their name, image, and likeness.
Being at the center of attention due to this controversy, the NCAA has been continuously working with their board of governors to pursue changes around name, image, and likeness in all three divisions. Something of the magnitude such as this will not be an immediate decision, the ongoing conversations and discussions will play out over the next year and will result in a national solution. A key part when looking into this issue from the NCAA is that they will constantly look toward the people at the center of the issue, the student-athletes.
While looking at name, image, and likeness these are three elements that make up the legal concept of “right of publicity.” In order to use a person’s right of publicity then permission is required, this is what the NCAA is looking to help change.
Looking at the current rules of how student-athletes use their name, image, and likeness differ between all three levels of the NCAA. In Division I student-athletes may not promote or endorse a commercial or product, even if they are not paid to participate. However, they may use their image to continue participating in non-athletic related activities as long as they were initiated before college enrollment.
Division I athletes have the strictest regulations of what the athletes can or cannot do, at the division II and III levels the athletes have more freedom but still have obstacles in their way. Generally, in Division II and III student-athletes may participate in promotional activities not related to athletics, including promoting or endorsing commercial products or services. For participating in these activities, the athletes may be paid as long as the payment is not based on the individual’s involvement in athletics.
Although there are already certain restrictions for all divisions, the NCAA has continuously become more flexible while looking at name, image, and likeness. On Wednesday the NCAA’s top governing body said that it supports a proposal to allow college athletes to sign endorsement contracts and receive payment for other work, as long as the schools they attend are not involved in any of the payments.
Obviously, nothing new is set in stone yet but this potential change would give the NCAA athletes the most freedom that they have ever had when using their name, image, and likeness.
A key proponent in the news release was that the athletes will be allowed to appear in advertisements while referencing their school and sport, but they would not be allowed to use school logos in the advertisement. In short, they can help advertise but they cannot make the school directly involved.
These proposed changes make it possible for student-athletes to monetize their social media channels, profit from writing books or making a music video, or starting their own business, among other potential opportunities.
While the athletes would have a say in what they can endorse the schools will also be allowed to make a list of products that don’t match their values making it so athletes at their school will not be allowed to endorse them.
Another large change in the proposal is that the athletes would now be allowed to hire agents and other professionals to help them with business opportunities. This could be good, and this could be bad because you can see agents pushing kids to sign with them before they are even enrolled in the college. This could be a hinderance, but in the end it could also revolutionize the way athletes hire agents, they will be able to help with his marketability from the first day that they are enrolled in the college.
The NCAA has made it clear though that this is not pay-for-play, this is just another avenue that they are taking to ensure fairness throughout all levels to all student athletes.
There is still no guarantee that this proposal will pass, but it is looking more and more like it will pass. However, as stated at the beginning of the piece, this will not be a matter that takes a few weeks, this could last a whole year at the very least. So, while this proposal looks good remember that it can change and that it will not take effect immediately, the earliest possibility seems like it will take effect for the 2021-22 academic year.