What you need to know about new NIL changes
The college sports landscape shifted Wednesday. The NCAA approved a policy that allows studentathletes to sign endorsement deals, hire an agent, and otherwise profit off themselves.
The new policy came as states were prepared to enact laws on July 1. Connecticut’s name, image and likeness bill was signed into law Wednesday and UConn approved its own policy.
What does it all mean? Let’s break it down.
What exactly does it mean when we hear name, image and likeness (NIL) in college sports?:
Name, image and likeness activity gives college athletes the ability to make money off of their, well, name, image and likeness. That could mean a popular athlete paid to promote a product in a social media post or by making a Cameo video for fans. Or selling autographs and merchandise. Or simply earning money to work as an individual or camp instructor in the summer. Athletes will also have the ability to hire representation such as an agent or attorney as it relates to NIL activity. All of this was previously prohibited by the NCAA and there are many past cases of athletes punished for minor offenses.
What will fans notice?:
If you follow UConn athletes on Twitter, Instragram or TikTok, you might see them promoting a product. If your child attends a summer soccer camp in the state, maybe a state college player will be a paid instructor. You might see high-profile athletes endorsing products on various platforms. Otherwise, the game is still the game.
Can schools or boosters simply pay the players?:
No. Pay-for-play is explicitly not allowed in most state laws. The UConn policy specifically prohibits boosters — along with school staff and students — from engaging in NIL activity with an athlete, a rule that seems to address the potential for direct payment from a school. But identifying who is a “booster” may not be easy across the country.
Are there uniform guidelines?:
The NCAA approved a policy Wednesday that essentially said student-athletes can earn income without the risk of violating the rules that have been in place. The guidelines will come from state laws — about 12 states had laws enacted Thursday — and from schools. Schools in states with laws will have a framework from which to work. Those in states without laws will craft their own policies. Schools are using outside companies to help navigate the rules and educate all involved.
What are the restrictions?:
In most cases, athletes must furnish any agreements — including contracts with agents — to schools. Some states are prohibiting athletes from working with alcohol, tobacco or gambling products. UConn is not allowing athletes to use school branding in NIL activity.
How did we get here?:
There has been a gathering storm toward compensation for many years, but the issue intensified when California passed a law in 2019 that prevented schools from removing an athlete’s scholarship if they generate money off their image. An NCAA committee recommended a set of guidelines in the spring of 2020, but the body did not act. Meanwhile, states began passing laws. The NCAA looked to the federal government for a national law, but Congress has been unable to center around one bill. With state laws set to go into effect on July 1, the NCAA acted on the final day.
How did Connecticut get here?:
Sen. Derek Slap (D-West Hartford) crafted an NIL bill in early 2020 after consulting with UConn and other schools in the state. The bill stalled amid the pandemic and it was not being revived during the recent session. But UConn — fearing the state would have no framework if the NCAA failed to act — pleaded for lawmakers to act. Slap added an amendment to an existing higher education bill and the General Assembly passed the bill. Gov. Ned Lamont signed the bill into law Wednesday. UConn’s policy goes live July 12. Other schools in the state have until Sept. 1 to have a policy in place.
Will there be a federal law?: Eight pieces of legislation have been introduced. Each of Connecticut’s senators have introduced bills: Sen. Chris Murphy co-sponsored a bill with Massachusetts Rep. Lori Trahan, Sen. Richard Blumenthal with New Jersey Sen. Cory Booker. The Blumenthal-Booker bill, titled “College Athletes Bill of Rights,” is expansive and addresses health and safety issues and would require schools to directly compensate athletes in revenuegenerating sports. Murphy’s bill, which has support from Ohio Republican Sen. Anthony Gonzalez, and more narrowly focused includes a component that enables athletes to unionize. It’s unclear if or when Congress will rally behind a bill.