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Deeper dive on NIL progress

Jun 17, 2021

Liz Habib and I continue our conversation on name, image, likeness as the situation continues to evolve. We fill in the blanks on what the future holds for college athletes. We give more detail at what's happening at the state level, what those laws look like, and what is happening in Congress. We talk about the new dynamic on the horizon between agents and athletes - and the potential pitfalls should athletes hire unqualified representation. 


Professor Mike McCann Suggestions for Federal Law

1) University and Student Athlete summarize and share any and all endorsements contracts

2) Each school should be able to craft rules for permissible and impermissible endorsements. University private and state are different and should be able to create rules that fit their institution. ie. Tobacco? Alcohol? Gambling? Adult entertainment?

3) Fair market review of endorsement is logical but should be conducted independently and cautiously Why? Other students don’t have independent reviews of their deals.

4) There Should be leeway in terms law but the laws should not provide the NCAA an antitrust exemption. College Athletes should have a private right of action but the bill should include a compliance defense

5) Education on NIL is crucial. Education What does signing a contract mean? What tax implications? Does it impact an International Student Visa?

6) If a University provides NIL Opportunities. It should be consistent compliant with Title 9. Make sure women’s and mens sports are being treated equitably.

7) Should allow for the law to be adjusted with benchmarks to review the law and how it is impacting college athletes and universities.

8) To avoid Conflict Each side should provide summary of current contacts and prospective contracts with third party companies

9) Group licensing for gaming opportunities through a non profit 501 3 c should be allowed.

https://www.c-span.org/video/?512558-1/hearing-compensatingcollege-athletes

June 17 hearings: https://www.c-span.org/video/?512377-1/ncaa-officialscoaches-testify-college-athlete-compensation 

 

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