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Education Dive
Name, image and likeness policies for college players advancing
Jeremy Bauer-Wolf
Oct. 8, 2020
Dive Brief:
Measures to compensate college players for use of their name, image and
likeness are advancing among athletic associations and legislatively.
The National Association of Intercollegiate Athletics (NAIA), which
governs small colleges' sports programs nationwide, recently approved a
policy allowing student-athletes to be paid for promoting commercial
products and businesses, and for public and media appearances.
Athletic activists who have long pressed for fewer restrictions argue
players deserve a cut of the proceeds from those activities because
institutions and associations profit off them.
Dive Insight:
NCAA leaders and others have long maintained that allowing
student-athletes to earn money from the use of their names, images and
likenesses by their institution or other organizations would threaten
amateurism within college sports.
The NCAA had not budged on the matter. But California passed a law
about a year ago authorizing players at institutions in the state to
profit off their appearances. The association vehemently opposed the
legislation, suggesting that if it was approved, California's colleges
might not be able to participate in the NCAA's championship
competitions, the implication being that the policy would give them an
unfair recruiting advantage.
Yet the state's lawmakers did not back down. And other legislatures began greenlighting similar bills.
Months later, in April, the NCAA said it would introduce updated name,
image and likeness rules for all student-athletes by the end of this
month to be voted on at the organization's annual convention in January
2021. The changes would take effect by the start of the 2021-22
academic year, the NCAA said.
Federal lawmakers have also introduced legislation to compensate student-athletes for the use of their personas.
A bipartisan bill released last month would preempt existing or
prospective state laws covering name, image and likeness for
student-athletes and create congressional oversight of the practice.
Student-athletes would be able to enter into deals as long as they
didn't risk their reputations, such as by endorsing alcohol or tobacco
products. The Federal Trade Commission would oversee these arrangements.
The bill also makes clear student-athletes aren't college employees who
institutions pay directly, protecting their access to financial aid.
Sen. Marco Rubio, R-Fl., put forward a similar bill in June.
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