Collegiate Licensing

[...]in O'Bannon v. National Collegiate Athletic Association,4 the NCAA argued that amateurism is a fundamental aspect of collegiate athletics and that compensation of student-athletes would fundamentally undermine that amateurism.5 Similarly, NCAA President Mark Emmert initially responded to C...

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Bibliographic Details
Published in:The Licensing journal 2020-08, Vol.40 (7), p.15-16
Main Authors: Conniff, Christopher, Gourvitz, Evan, Oteh, Chidi
Format: Magazinearticle
Language:English
Subjects:
Athletes
Athletic recruitment
College basketball
Colleges & universities
Compensation
Corporate sponsorship
Endorsements
Governors
Legislation
Licensing
Litigation
Logos
Names
Principles
Recruitment
Sports
Student athletes
Students
Trademarks
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Summary:[...]in O'Bannon v. National Collegiate Athletic Association,4 the NCAA argued that amateurism is a fundamental aspect of collegiate athletics and that compensation of student-athletes would fundamentally undermine that amateurism.5 Similarly, NCAA President Mark Emmert initially responded to California's 2019 passage of the "Fair Pay to Play Act," (the "Act") which would permit California student-athletes to earn money from endorsements, sponsorship deals, and related activities,6 by suggesting that the Act would lead to California schools being excluded from NCAA championships.7 As such, the Board's announced support of this Proposal is a drastic departure from its previous position but also a reasonable response to the growing chorus of support for some compensation for student-athletes. The Proposal Generally speaking, the Proposal would (i) allow "compensation for third-party endorsements related to athletics, without school or conference involvement; [and] compensation for other student-athlete opportunities, such as social media, new businesses, and personal appearances, without institutional involvement or the use of trademarks/logos," while, (ii) prohibiting schools, conferences, or boosters (as a recruiting tool) from paying student-athletes for the use of their names, images, and likenesses.9 More particularly, the Board has instructed each NCAA division to provide initial legislative proposals concerning a studentathletes' right to benefit from their names, images, and likenesses by the end of August 2020, and to draft final legislation on the subject by October 2020. While the Board has not provided detailed guidance on the specifics of such legislation, they've relayed to the divisions that these changes must follow the following principles and guidelines: * "Ensuring student-athletes are treated similarly to non-athlete students unless a compelling reason exists to differentiate. * Maintaining the priorities of education and the collegiate experience to provide opportunities for student-athlete success. * Ensuring rules are transparent, focused and enforceable, and facilitating fair and balanced competition. * Making clear the distinction between collegiate and professional opportunities. * Making clear that compensation for athletics performance or participation is impermissible. * Reaffirming that student-athletes are students first and not employees of the university. * Enhancing principles of diversity, inclusion, and gender equity. * Pr
ISSN:1040-4023