NCAA waves white flag on NIL issue

2019 NCAA Division III Women's Volleyball Championship
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Yes, the NCAA is dead. And the NCAA is beginning to realize it.

Via Sports Business Daily, the NCAA has decided (wisely) to throw its hands in the air and to allow schools to make their own decisions about the question of whether and to what extent athletes may generate revenue from their names, images, and likenesses.

It’s the only thing the NCAA could have done, in the wake of this week’s enactment of NIL laws in multiple states and last week’s ruling from the U.S. Supreme Court that, essentially, the entire business model constitutes one giant antitrust violation. Restricting the ability of adult men and women to profit from their fame in a clumsy effort to support the façade of amateurism in order to justify not sharing with the players a chunk of the substantial revenue they generate has been, and would be, a flagrant and blatant infringement on the rights of these individuals.

So the NCAA will punt to the schools. As it should. And now it will be critical for the schools to make their own decisions, without influence or pressure from the NCAA or the conferences.

The rules adopted by the schools become critical to recruiting. The greater the rights to generate revenue from name, image, and likeness, the better the chance the school will have to land the player.

The NCAA still wants Congress to save the inherently corrupt business model through a national NIL law. But before Congress places artificial limits on the power of young football and basketball players to make money based on who they are, Congress needs to ask itself why no such limits are placed on young actors, musicians, and anyone else who finds a way to capitalize on the inherently capitalistic U.S. economic system. Once Congress answers that question, maybe Congress will conclude (rightly) that it has far better things to do.

55 responses to “NCAA waves white flag on NIL issue

  1. Excellent conclusion. I just have to wonder what avg level of contribution would it take for Congresspeople to forgo such logic

  2. Yea, it doesn’t make legal sense to bar athlete’s. When I was in school, this guy I knew worked as a research ass’t at a private company through the university and was pulling in like $20k a year working part time and getting college credit … so you can’t draw a line for athletes when everyone in school is allowed to make as much as they want. Michael Dell built his company out of his dorm room.

  3. Restricting the ability of adult men and women to profit from their fame in a clumsy effort to support the façade of amateurism in order to justify not sharing with the players a chunk of the substantial revenue they generate has been, and would be, a flagrant and blatant infringement on the rights of these individuals.

    ————————

    What about retroactive payments to adult athletes whose likeness has already been illegally profited off of?

  4. If this is the case then athletes should pay their way through school. This will lead to even more corruption and pay to play will be huge. I guess they might as well hold a draft every year now.

  5. There shouldn’t even be school sports. Have it be private clubs like in Europe. I am a teacher and a coach and I see what happens when parents who only care about sports get on a school board. Football can have a minor league system that has nothing to do with college.

  6. So corruption is kicked down the block and instead of exploiting young legal adults now it will be full exploitation in High Schools and KIDS!

  7. Why should a school have any say in how much I can earn off my name, image, and likeness? Let the bidding war begin. Wealthy supporters will soon determine which schools hoard talent.

  8. The problem with this is now the big schools will be easily able to recruit good players because of their money making ability.

    This is going to hurt college football because it will make the strong teams even stronger.

  9. The NCAA got too greedy and here we are. This could have been resolved years ago by paying student athletes a fair wage but instead we get to watch marquee college sports crumble under the weight of disparity.

    Regardless of the future of college sports the death of the NCAA is a win for society.

  10. Greater corruption? the NCAA is corrupt, they are just getting less of the pie now.

  11. Call me crazy, but a free education at a top college should be considered worth something. A lot of people have to scrimp, save, and take out loans to go to college. I get the argument that athletes shouldn’t be unfairly restrained from making money, but then why not just call it the minor leagues (like baseball) and divorce it from colleges. It’s going to look like schools are just hiring people to play in their uniforms and students end up rooting for laundry.

  12. There are nearly 750 colleges that qualify for NFL team to draft from and this will cause 75-85% of those colleges to drop all of their sports programs as only 20-25% actually make money off of their football/basketball programs(mostly the power 5 schools because of the huge TV contracts), almost all of the other schools use all of the money they get to fund football/basketball and all of their other sports programs(baseball, swimming, track and field, LaCross, etc, etc) and they use a lot of the money to give out in the form of scholorships for all those sports for the following years, so it doesn’t take a rocket scientist to figure out if they have to pay the athletes then that will take a ton of money that they were getting away from the school to use for football and all of those other programs.

    So say good-bye to college sports as we know it today as most schools will do away with their college sports programs!

  13. NCAA committees were passing drafts like this for 18 months.

    No news here

  14. This is huge. Beyond huge.

    Sorry about the corruption angle, but that makes no sense.

    This is about breaking up a huge monopoly that has been exploiting young people since the day it was formed.

    Let the market determine what these skilled people are worth. I guarantee the NCAA knows, and they have been cashing it on it for decades.

  15. Because the institutions of higher learning will always keep the best interests of student-athletes at the forefront of concern?

  16. Nothing has changed. Alabama and Ohio State will still buy the best players their boosters can afford. Any hope for parity in college football is now dead.

  17. The schools with the biggest budget will get the recruits. Good bye college sports as we know it. They’re essentially pros now

  18. The biggest problem is now the bigger schools will just get everyone since they will be able to generate the most money in those markets. In a few years Alabama will just be 22 of 32 first round draft picks basically lol

  19. So…are the schools going to raise ticket prices to watch these new professional athletes.?

  20. “roughingthepasser says:
    June 28, 2021 at 9:19 pm

    The problem with this is now the big schools will be easily able to recruit good players because of their money making ability.

    This is going to hurt college football because it will make the strong teams even stronger.”

    Yep, now the College Football Playoff will only ever include some combination of the same 7 teams every year….. wait a second!

    Nothing will change except some a few lower end programs will stop risking trying to make it big

  21. dablitz2 says:
    June 28, 2021 at 9:12 pm
    There shouldn’t even be school sports. Have it be private clubs like in Europe. I am a teacher and a coach and I see what happens when parents who only care about sports get on a school board. Football can have a minor league system that has nothing to do with college.

    Agree with this 100%

  22. When Coaches are making $8 million a year, and I am not saying they don’t deserve it because they bring in about 10x that to the University and the NCAA can sign Billion dollar contracts for March Madness, there is plenty of money to go around. Don’t believe the poor pitiful act from the NCAA. And to those that say Alabama is now going to get all the best players, they already do under the current system because Nick Saban is a great recruiter and great coach. What great college player doesn’t want to play for and compete against the best players in the SEC and ACC and have a great chance, if they are good enough, to play in the NFL? Any great player worth anything wants to play with and against the best players

  23. The worst part of collegiate sports like football and basketball is people with zero interest in school taking away education opportunity from kids that actually want to learn and will use the education. For every Cardale Jones you sign to a scholarship, another kid doesn’t get an education opportunity.

  24. About time the athletes get their due. AS far as “say hello to even greater corruption.” No…the grand scale larceny by the NCAA is absolutely one of the biggest scams of all time. Followed by bowl games. Which are part of the NCAA.

  25. “There shouldn’t even be school sports. Have it be private clubs like in Europe. I am a teacher and a coach and I see what happens when parents who only care about sports get on a school board. Football can have a minor league system that has nothing to do with college.”

    I agree prima facie, but have you seen the difficulty in setting up a new league? While people will champion the players rights to make money, the players need the schools infrastructure and fan bases to gain a profile sufficient to generate an income from NIL rights.

  26. Pay tax on the free tuition, room and board, food, medical care and uniforms. Pay a marketing fee because these adults couldn’t create a brand and a brand value without the exposure they get by playing for the schools.

  27. Let’s first dispel the misconception of the value of a football players education at Alabama,Clemson,Oklahoma etc…not elite schools and they are spending most of their time weightlifting and practicing..they are not reaping all the benefits of a general student at a highly rated college..although I enjoy the draft process and that after a few years of college players have filled out and improved their crafts most of the star players are not excellent students who will go on to discover a cure for cancer so let them get on with their trade without a 3 year vow of poverty

  28. Steve Cunningham says:
    June 28, 2021 at 9:52 pm
    There are nearly 750 colleges that qualify for NFL team to draft from and this will cause 75-85% of those colleges to drop all of their sports programs as only 20-25% actually make money off of their football/basketball programs(mostly the power 5 schools because of the huge TV contracts), almost all of the other schools use all of the money they get to fund football/basketball and all of their other sports programs(baseball, swimming, track and field, LaCross, etc, etc) and they use a lot of the money to give out in the form of scholorships for all those sports for the following years, so it doesn’t take a rocket scientist to figure out if they have to pay the athletes then that will take a ton of money that they were getting away from the school to use for football and all of those other programs.

    So say good-bye to college sports as we know it today as most schools will do away with their college sports programs!
    ______________

    This take represents a basic misunderstanding of what NIL is. The schools are not paying the athletes. Not a single penny will be taken out of athletic budget for NIL payments. The athletes will earn their money totally independent of the schools. In fact, the initial rules clearly state that the schools cannot be involved in setting up the NIL arrangements.

  29. Steve Cunningham says:
    June 28, 2021 at 9:52 pm

    almost all of the other schools use all of the money they get to fund football/basketball and all of their other sports programs(baseball, swimming, track and field, LaCross, etc, etc) and they use a lot of the money to give out in the form of scholorships for all those sports for the following years, so it doesn’t take a rocket scientist to figure out if they have to pay the athletes then that will take a ton of money that they were getting away from the school to use for football and all of those other programs.

    So say good-bye to college sports as we know it today as most schools will do away with their college sports programs!

    skell01 says:
    June 28, 2021 at 11:16 pm
    Say goodbye to all of the college sports that don’t make money.
    _____________

    Can we please stop pretending that you guys care anything about any college sport other than football. The truth is that you care nothing about college baseball, swimming, track and field, or lacrosse; and further do not care one bit about the athletes playing those sports. Your mentioning them is solely a disingenuous attempt to support the outdated and illegal exploitation of individuals who can earn money from the NIL model.

  30. The big losers here will be women’s sports. With Title 13 in play, each volleyball player at Alabama will demand equity with the football players or sue to get it. Goodbye ladies sports.

  31. In an unrelated story, sleazy marketing reps have been spotted accosting high school athletes in dimly lit school parking lots after evening games.

  32. There are other things that may disappear from the sports scene in the coming years. How long are professional drafts, salary caps, and revenue sharing going to last?
    High school kids going to college can decide where they want to play football, but college kids going to the NFL can’t? Colleges can pay their players as much as they, but NFL teams can’t? Jerry Jones and Robert Kraft have to share TV revenue with Mike Brown and Cal McNair?Since the façade of amateurism has disappeared, how can sports legally proceed with two sets of rules?

  33. Congress has no business sticking it’s nose in here. Not only does it have far more important things to worry about, but it has no Constitutional standing to interfere.

  34. tonyxl says:
    June 29, 2021 at 9:05 am
    In an unrelated story, sleazy marketing reps have been spotted accosting high school athletes in dimly lit school parking lots after evening games.
    —–

    Sleazy people have been approaching athletes in dimly parking lots for decades…..because it’s illegal.

    Now these meetings can occur in brightly lit offices with the players’ family and lawyer present so he is less likely to get ripped off and taken advantage of.

  35. Steve Cunningham says:
    June 28, 2021 at 9:52 pm
    There are nearly 750 colleges that qualify for NFL team to draft from and this will cause 75-85% of those colleges to drop all of their sports programs as only 20-25% actually make money off of their football/basketball programs(mostly the power 5 schools because of the huge TV contracts), almost all of the other schools use all of the money they get to fund football/basketball and all of their other sports programs(baseball, swimming, track and field, LaCross, etc, etc) and they use a lot of the money to give out in the form of scholorships for all those sports for the following years, so it doesn’t take a rocket scientist to figure out if they have to pay the athletes then that will take a ton of money that they were getting away from the school to use for football and all of those other programs.

    So say good-bye to college sports as we know it today as most schools will do away with their college sports programs!
    —-

    Maybe it does take a rocket scientist, because you certainly don’t understand it. Allowing players to profit from their name, image, and likeness LESSENS the pressure on schools to pay athletes because it allows private corporations to pay the athletes instead.

  36. randalpnaditch says:
    June 28, 2021 at 9:08 pm
    If this is the case then athletes should pay their way through school. This will lead to even more corruption and pay to play will be huge. I guess they might as well hold a draft every year now.
    ——-
    You do know musicians can attend school on a music scholarship and still profit off their music right? Stop carrying water for the rediculous NCAA! Even all these inane lead to corruption statements are just dumb. An athlete maximizing their pay is not corruption no matter how much you or the NCAA want people to believe it is. Corruption is thtowing games for any reason. Corruption is raking in billions while preventing the athlete from accepting any pay.

  37. So Arkansas becomes the new powerhouse with Jerry Jones dumping millions if not billions into his alma mater. Unlike the NFL there is no salary cap so this will become the new very rich person’s play toy and bragging rights among the elite for their alma mater or where their kids (or grand kids in the case of Arkansas) are attending.

  38. nfldivas says:
    June 29, 2021 at 10:39 am
    So Arkansas becomes the new powerhouse with Jerry Jones dumping millions if not billions into his alma mater. Unlike the NFL there is no salary cap so this will become the new very rich person’s play toy and bragging rights among the elite for their alma mater or where their kids (or grand kids in the case of Arkansas) are attending.

    ——————–

    Yup, just that one rich guy, graduated from that one school.

  39. granadafans says:
    June 28, 2021 at 11:10 pm
    The schools with the biggest budget will get the recruits. Good bye college sports as we know it. They’re essentially pros now
    ——
    The school with the biggest budget has ALWAYS gotten the recruits. Do some of you even know what you’re talking about? Alabama, Clemson, USC, Georgia,Texas…..all with massive budgets for years. What small budget schools are competing with them for football recruits??? Seriously some of you say anything even if it makes no sense.

  40. I firmly believe that now with the “NIL” in place all of the “athletes” who are receiveing the NIL money should have to pay for their tuition, meals, books, transportation, medical and so on. Just like the rest of the students who don’t receive scholarships at any level.

  41. dyims says:
    June 29, 2021 at 2:06 pm
    I firmly believe that now with the “NIL” in place all of the “athletes” who are receiveing the NIL money should have to pay for their tuition, meals, books, transportation, medical and so on. Just like the rest of the students who don’t receive scholarships at any level.
    _________

    You really don’t understand what it takes to be a college athlete. The time investment alone is tremendous. Try adding attending classes and studying on top of that. The money that the colleges make off these athletes covers that tuition, meals, etc. many times over.

  42. Long time in coming but methinks the schools with the deepest-pocketed alumni will skim off the cream.

  43. The problem is the NFL. They do not allow players right out of HS to play in the league. So players are forced to play in college for a couple of years. If your professional athlete go play in the pros. If not play college, get a full scholarship and a stipend every month.

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