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College conferences call for federal oversight as student-athlete pay gets messy

Snacks / Monday, November 06, 2023
Bronny James, LeBron’s son, earns millions of his own (​​Meg Oliphant/Getty Images)
Bronny James, LeBron’s son, earns millions of his own (​​Meg Oliphant/Getty Images)

Blow the whistle 🎶… Last week, 28 of the top college athletic conferences, including the ACC and Big Ten, teamed up to create the Coalition for the Future of College Athletics (C4FCA). The goal: lobby Congress for the first federal regulation on student-athlete paid endorsements (name, image, likeness — aka NIL deals). Right now, rules are state by state.

  • Before NIL, college athletes weren’t allowed to be compensated (beyond scholarships). Meanwhile, conferences raked in billions each year in broadcasting agreements. Since a 2021 SCOTUS ruling, student-athletes have been able to cash in on their NIL, striking deals with business from corner stores to Amazon. Now…

  • The student-athlete NIL market is worth ~$1B/year, and college sports players are seen as the “best-performing subset of influencers.”

  • Top performers: USC basketball’s Bronny James has an NCAA-topping ~$6M/year NIL earnings potential. Colorado University QB Shedeur Sanders leads college football at $4.3M/year. LSU gymnast Livvy Dunne could make $3.2M with commercials for brands like American Eagle and Vuori.

“Should be wearing Dri-FIT”… or not. Varying NIL laws have been passed in 30+ states in the past two years. Colleges say that state-by-state differences have created competitive disadvantages in recruiting, and they’ve (successfully) lobbied to get lots of rules amended or nixed. In Missouri, high-school athletes can profit from endorsements as long as they agree to attend an in-state public university (advantaging schools like Mizzou). Some colleges also have their own sponsorships, which can cause conflict with students’ deals: Ohio State bars athletes from wearing Nike competitors’ products during team events or promoting any Coke rivals.

Wanna fair game? Get a ref… The patchwork of state laws around NIL opens opportunities to exploit (and create) loopholes. It also adds confusion for players, who have to navigate academics, athletics, and shifting legislation around advertising. By fighting for federal oversight, the C4FCA wants to keep everyone playing by the same rules.

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