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NIL Legislation Update: College Cash

7/16/2021

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Just over two weeks after the July 1st deadline that opened the NIL floodgates in college athletics, numerous student-athletes have already taken measures in signing major endorsement deals to fully take advantage of this new opportunity to profit off of their names, images, and likenesses. These major changes have continued to occur despite the absence of a federal NIL bill, which has yet to be passed by Congress. Various reports over the course of the spring suggested that a federal NIL bill would be passed, with many hoping that such a bill would be passed before the July 1st deadline. As of now, though, no such bill has been approved, and the debate appears to have stalled for now.

Here in mid-July, however, a wide variety of athletes push on, having reached deals with organizations for profit. The Gainesville Sun reported that more than 40 athletes at the University of Florida have reached endorsement deals. According to 247 Sports, Wisconsin quarterback Graham Mertz has already created and trademarked his own logo, with the intent to profit by selling apparel with this logo. Clearly, college athletes have wasted little time in taking advantage of these new regulations.

That said, there is still very much about the effects of NIL rules on college athletics that remain uncertain. As mentioned above, Congress has still not passed a federal NIL bill, and the NCAA’s policy to allow all athletes to profit from their NIL, including those not in states with NIL laws, has been announced as an interim policy and not a long-term solution. In addition, the uncertainty of the effects of NIL laws on college athletics during the athletic season will undoubtedly play a role in how the upcoming fall athletic season goes.

Most notably, there is still much uncertainty as to how these new NIL laws will affect the college recruiting process as well. Indeed - college recruiting - especially from the potential athlete’s perspective, will definitely become a significant business decision in addition to being an athletic one. Suddenly, recruiting will involve the question of how a student-athlete may profit at different colleges, based on the marketability of the college and its location, in addition to existing wrinkles about scholarship opportunities and strength (and/or tradition) of the athletic program. Indeed, of all the collegiate aspects impacted, the world of recruiting may very well be the one most affected by NIL legislation. As we at LAC continue to keep a watchful eye on the NIL, its updates, and its developments, we maintain our work with high school students, now inclusive of an understanding of the vast NIL ecosystem: working to determine what schools and locations may best benefit them, providing insight into the legal aspects behind these decisions, connecting them with marketing and branding knowledge, and a reminder that college as a whole is still about an education, an experience, and a valuable step towards building a bright future.

How can LAC help you to determine your next steps not only as it pertains to the NIL, but to your college admissions experience as a whole? Do not hesitate to contact us today!
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