The Dark Side of NIL!

O'Bannon v. NCAAOn the TunneySide of Sports May 18, 2020 #796 Up next… The Dark Side of NIL!

After further review… The accepted definition of the word “nil” is “zero”, “nothing at all.” However, today it has taken on a new meaning as an acronym… N-I-L = Name, Image, Likeness. It may never go away. Stay tuned.

In 2015 Ed O’Bannon, a former U.C.L.A and N.B.A. basketball star filed a class-action lawsuit against the NCAA claiming that studentathletes in college were entitled to receive financial compensation for the use of their name or image or likeness in commercial ads. The term student-athlete has always held that college players are students first and foremost and as such receive free tuition and in some cases room & board with a college education. Further, under the NCAA rules, the first “A” is for “amateur”. They are not entitled to financial compensation.

With the proliferation of corporations wanting to take advantage of the notoriety that college athletes are receiving in today’s sporting world — much like professional athletes demand — college athletes claim their N-I-L is been exploited. Maybe so!

The NCAA is now considering and is expected to approve, that college athletes my hire an agent to negotiate with companies for financial compensation if said company wants to use that athlete’s name, image, and or likeness in their commercials. Why would the NCAA, who has always maintained the athlete is a student first, give in to these demands? Up steps the legal courts who can – and have– overruled athletic governing bodies. Freedom? Rights?

Another reason is the demand from the public that colleges are making millions off student-athletes. Shouldn’t the athlete be entitled to some of that commercial money? Sounds reasonable. It appears that term studentathlete may be as old as Jim Thorpe. Maybe it ought to be athlete-student? Of course, not every player will be sought-after by corporations.

The star-player will be in demand not only by the corporations but also by agents who will represent the athlete. Can you recall how unscrupulous agents have disregarded the rules and regulations of agent-player responsibilities? Further, what happens to teamwork when that star player shows up in the locker room with a classy outfit or perhaps even a new flashy car? How will the rest of the T*E*A*M react since many of them receive nil?

Will you log-in your thoughts about college athletes being able to sign commercial agreements?

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Retired NFL referee Jim Tunney gives his unique view of sports and life every Monday in his column, The TunneySide of Sports
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