NCAA should be mocked for providing athletes with real NIL rights


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As of January 14, Florida is the only state that can accurately and confidently announce that college athletes will be able to commercialize their names, images, and portraits.Although many university sports projects have announced the creation of this project, with such Leverage with Soar.

For some time, there is no doubt that college athletes across the country will be able to enjoy some form of publicity rights, even if this means that athletes in certain states (such as Florida) may have more freedom and fewer restrictions Compared with athletes in other states, these states have passed laws on this subject, which will take effect after 2021, otherwise they will no longer take effect.I believe the NCAA will eventually stand up to discuss and vote Proposed legislation The effective date is August 1, 2021.

The vote was supposed to be held by the NCAA Class I board at the January meeting.The council does not vote, but vote Announce It delays indefinitely any action on the rights of important athletes. The NCAA deserves to be criticized because they counted the votes at the last minute, and no members of Congress, athlete rights advocates, etc. provided any guidance on when or when to reschedule this matter.

U.S. Senator Chris Murphy (D-CT) said: “The postponement of the name, image and portrait (NIL) vote is another signal that the NCAA hopes that the federal government will not have to compensate its athletes fairly.” “This will not happen. The university sports industry has a basic civil rights issue at the core of its business model. Obviously, the NCAA does not want to do anything serious to solve the injustices faced by athletes. I am enacting a law to solve this problem so that athletes can own The broad ability to make money in its image, and collective bargaining for further reform of the system, and hope it will be passed in this new Congress.”

The NCAA actually requires Congress to intervene to formulate laws and regulations concerning the propaganda rights of college athletes. It had hoped that Congress would include the antitrust immunity of the NCAA, but this wish seems unlikely to be fulfilled. On the contrary, the silence of the NCAA may cause Congress to further fuel the flames and provide athletes with broader rights than just to exempt them. The ability to commercialize names, images and portraits. The proposed legislation by U.S. Senators Corey Booker (D-NJ) and Richard Blumenthal (D-CT) will do just that.

“The delay of fair compensation is the rejection of fair compensation. Again, the NCAA missed the opportunity for college athletes to finally do the right exercise,” Booker and Blumenthal said in a joint statement. “The NCAA postponement exacerbates the need for Congress and the states to adopt legislative remedies that will provide college athletes with the right to continue to be ignored by the NCAA. The NCAA’s disappointing decision further deepens our commitment to adopting strong standards. College Players’ Bill of Rights This will truly bring justice and opportunities for college athletes. “

Ramogi Huma, an athlete advocate and executive director of the National College Athletes Association, also expressed dissatisfaction with the NCAA because it promised athletes rights for more than a year and then suddenly decided to postpone voting on the matter indefinitely. .

“NCAA announced that college athletes cannot benefit from it
On the same day as the national championship, the biggest money-making game in college football, they named after themselves. For college athletes, this is a slap in the face. “Many of these athletes are black and come from low-income families. The NCAA regards them as disposable college property. With the NCAA not implementing any COVID standards, dozens of college athletes were used to make money for the pandemic NCAA sport. Is this their return at the cost of sacrifice? “

Finally, the name, image, and portrait legislation sponsored by the Florida State Court Representative Chip LaMarca eventually became Florida’s law. The bill came into force on July 1. He said: “It is obvious that college athletes can enter the free market. Not in line with the NCAA business model. If it does, NCAA will develop years ago. College athletes can no longer wait for Congress to intervene or NCAA inaction.”

The clock is ticking. Less than six months before the Florida law goes into effect, the NCAA does not have much time to adjust its legislation, convene board votes and implement a system that streamlines processes. At the same time, Congress has little time to consider many outstanding bills on the subject, and it faces other major concerns in the coming months. It is very likely that by July 1, 2021, only Florida athletes will enjoy the ability to make money when they are not actively participating in sports events.


Darren Heitner is Heitner Law. he is” How to play games: what every sports lawyer needs to knowPublished by the American Bar Association, he is an adjunct professor at the University of Florida’s Levin School of Law.You can contact him by email heitner@gmail.com And follow him on Twitter @DarrenHeitner.


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