In My Name, Image and Likeness: A Student-Athlete NIL POV
““Until last year “NIL” didn’t mean anything to me.””
Until last year “NIL” didn’t mean anything to me. I didn’t know what it stood for, and I especially didn’t know how it would pertain to me. My freshman year of high school I decided to join my school's track team and quickly discovered my love for pole vault. Fast forward three years and I am now committed to be on a PAC 12 track team next fall. My only experience with anything NIL related was the NCAA eligibility forms that I was required to fill out during the recruiting process. They verified that at no point was I paid, sponsored, or endorsed by any brand as an amateur athlete. I made sure to answer carefully because if I hadn’t, there was a chance I would not be allowed to compete collegiately.
“However, that was the last time she would ever compete.”
Before I started my career in track, I was a full-time gymnast so the summer Olympics were the most exciting time to watch the most talented gymnasts perform. There was excitement surrounding the 2016 Rio Olympics because the USA won gold with powerhouses like Simone Biles, Laurie Hernandez, and Gabby Douglas. This was Douglas’ second Olympic showing, so after a successful career she decided to no longer compete with USA gymnastics. My initial assumption was that she would choose a college and dominate. However, that was the last time she would ever compete. She and most elite gymnasts were not allowed to compete in college because they signed a professional contract to capitalize on their brand during the peak of their career.
I saw Douglas on cereal boxes and in Nike commercials, but never on the floor for a college team. There were few that made the decision to not sign a pro contract solely to be student athletes later on. For example Olivia Dunne. She was unsigned on the USA National team and is currently on the Louisiana State University gymnastics team. During her time in the elite arena, she wasn’t allowed to make money from her name, image, and likeness, but with recent policy switches she has accepted a plethora of brand deals.
These opportunities were not available to college athletes until July 1st of 2021, so there is a lot to navigate. Athletes and schools alike are seeking more clarity about the loose guidelines. What I was able to gather with certainty concerning name, image, and likeness are:
Athletes cannot receive any performance-based incentives
Any NIL agreement cannot incentivize an athlete to attend a certain school, and
Athletes cannot use school logos to benefit NIL opportunities.
“Majority of these young athletes are not going to be knowledgeable on contract law which leaves the door open for them to be taken advantage of.”
This is a pivotal transition for collegiate athletics and guidance is needed to support the 500,000+ NCAA student athletes. Recently, the University of Oregon announced their partnership with Opendorse to become a marketplace for Ducks. Essentially, it is a place for interested third parties to contact, book, pitch and pay athletes. The student athletes are also provided with brand value assessments, consultation sessions, and education on NIL. Something like this is necessary in all schools because a majority of these young athletes are not going to be knowledgeable on contract law which leaves the door open for them to be taken advantage of. This is the first school to set up a program like this, and I’m hoping more will follow. However, I am curious to know how involved the University will be and what is expected in return for this new useful marketplace. I’m hopeful that the best interests of the athletes will be the priority.
“As I was learning about NIL, I became slightly discouraged.”
As I was learning about NIL, I became slightly discouraged. The NIL deals that I had seen were given to those that are the most attractive, the most talented, and with the largest social media followings. However, on the recruiting visits I took, track athletes from multiple schools shared that they were able to secure deals with smaller or local businesses where they would exchange one social media post for a gift card or products from the brand. Although these deals aren’t the ones that gain the most traction, the athletes used it to pay for meals and get things that they would otherwise spend money on.
College athletes are huge revenue sources for schools; the Department of Education reported that 14 billion dollars in total revenue was collected by college sports programs. Every ticket sold, apparel deal, merchandise sale, and corporate sponsorship made possible by the athletes is given to the school. Sure, there are scholarships, but only 57% of Division 1 athletes receive any aid, the percentage accounting for people on full-rides is far smaller. The imbalance between generated revenue and the money that is spent on athletes is exploitative. The new NIL policies feel more like a beginning. I don’t think this is the endgame for college athletes, I’m excited to see how it will evolve from here.
The Takeaway
As a recruited college athlete, until last year “NIL” didn’t mean anything to Bella Nilsen. She didn’t know what it stood for, and she especially didn’t know how it would pertain to her. She views the imbalance between generated revenue and the money that is spent on athletes is exploitative. The new NIL policies feel to her more like a beginning. This may not be the endgame for college athletes, but she’s excited to see how it will evolve from here.