Suppose Tagovailoa has an incredible season and contributes to winning a national championship title for the school. As a result, he wants to make money off selling his jersey since he\u2019s a champion that served one of the most important positions on a football team for a successful school. At the same time, many advertisers, such as Gatorade<\/em>, want to use Tagovailoa\u2019s image and likeness in its next commercial about a new sports drink product. All of these offers scream dollar signs in the back of Tagovailoa\u2019s head.<\/p>\n Despite that, Tagovailoa couldn\u2019t take advantage of any of these money-making opportunities without violating any National Collegiate Athletic Association policy for student-athletes. No matter the team, division, program, sport or accomplishments attached to their name, no college athlete was permitted to make any sort of profit through participating in college sports. But, by the same token, several entities earn millions of dollars off this industry, including the universities, coaches and the NCAA. The student-athletes themselves have never received any portion of that revenue, and they still don\u2019t. However, all college athletes, especially ones like Tagovailoa, have been provided a potential game-changer by the NCAA.<\/p>\n The NCAA\u2019s Board of Governors voted unanimously to permit college athletes to profit off their name, image and likeness on Oct. 29. This announcement arrives less than one month after the state of California passed SB 206<\/span><\/a>, signed into law by governor Gavin Newsom, which contained similar terms and conditions for their college athletes.<\/p>\n According to the NCAA\u2019s press release<\/span><\/a>, Ohio State University President and Chair of Board Michael Drake<\/span><\/a> said the NCAA instructed all three divisions to begin making revisions with this new change into account. In addition, the NCAA expects these divisions to have their new rules come into effect immediately, but no later than January 2021.<\/p>\n \u201cWe must embrace change to provide the best possible experience for college athletes,\u201d Drake said in the release.<\/p>\n Comprehensive recommendations for this policy change influenced the NCAA Board of Governors Federal and State Legislation Working Group. This group is comprised of presidents, commissioners, athletics directors, administrators and student-athletes.<\/p>\n The NCAA, however, is mandating that this policy change must be enforced in a \u201cmanner consistent with the collegiate model.\u201d The governing body also reminds the college sports world of some principles and guidelines that student-athletes still must adhere to. These include: \u201cstudent-athletes are not considered university employees, they cannot receive compensation for participating in athletics and that there\u2019s a clear distinction between collegiate and professional opportunities.\u201d<\/p>\n NCAA President Mark Emmert<\/span><\/a> justifies this decision while emphasizing the fact that its fundamental belief in amateurism<\/span><\/a> will still be implemented in college sports.<\/p>\n \u201cAs a national governing body, the NCAA is uniquely positioned to modify its rules to ensure fairness and a level playing field for student-athletes,\u201d Emmert said in the NCAA\u2019s press release. \u201cThe board\u2019s action today creates a path to enhance opportunities for student-athletes while ensuring they compete against students and not professionals.\u201d<\/p>\n With this in mind, if this policy was in effect during that hypothetical Alabama championship run, Tagovailoa would likely be able to pocket money from selling his jersey to consumers and engaging in commercial offers from advertisers wanting to use his name, image and likeness.<\/p>\n This issue of college athletes profiting from their name, image and likeness first came to light in the U.S. justice system during the antitrust class action lawsuit called O\u2019Bannon v. NCAA<\/em><\/span><\/a>. Former UCLA basketball player Ed O\u2019Bannon filed this lawsuit on behalf of all Division I men\u2019s basketball and football programs against the NCAA, challenging the use of images of its former student-athletes for commercial purposes. O\u2019Bannon\u2019s primary argument is that upon graduation, student-athletes should be entitled to financial compensation for the NCAA\u2019s commercial use of their image. This is because, if not, it would violate the terms and conditions of the Sherman Antitrust Act of 1890<\/span><\/a>. However, the NCAA\u2019s response said that amateurism and its principles are upheld and maintained in these cases.<\/p>\n This case came about after O\u2019Bannon saw his likeness from the 1995 UCLA championship team used in the Electronic Arts Sports video game titled NCAA Basketball 09<\/em> without his permission. The game featured an unnamed UCLA player that matched several of O\u2019Bannon\u2019s playing characteristics, including his power forward position, height, weight, bald head, skin tone, No. 31 jersey and left-handed shot.<\/p>\n District Judge Claudia Wilken ruled in favor of O\u2019Bannon, holding that the NCAA\u2019s policies and rules \u201coperate as an unreasonable restraint of trade\u201d and in fact violates antitrust law. She ordered that schools should be allowed to offer full cost-of-attendance scholarships to athletes, covering cost-of-living expenses that were not currently part of NCAA scholarships. Wilken also ruled that college be permitted to place as much as $5,000 into a trust for each athlete per year of eligibility. The NCAA subsequently appealed the ruling, arguing that Wilken did not properly consider NCAA v. Board of Regents of the University of Oklahoma<\/em><\/a>. In that case, the NCAA was denied control of college football television rights, but the court also stated: “To preserve the character and quality of the \u2018product,\u2019 athletes must not be paid.”<\/p>\n Professor at Bob Jones University Tony Miller<\/span><\/a> thinks this case is going to be the foundation of what created all this controversy.<\/p>\n \u201cEven though (O\u2019Bannon) wasn\u2019t the first to have this happen to him, this will be the case that California legislation have an influence on how we view this issue now,\u201d Miller said.<\/p>\n The U.S. Sports Academy Doctoral candidate also played EA Sports video games in his childhood, and like O\u2019Bannon, would easily identify all the players.<\/p>\n \u201cI would know who was each player based on their height and weight even though none of the players\u2019 jerseys didn\u2019t have name plates on the back,\u201d Miller said. \u201cI would upload players\u2019 last names from memory cards onto the game and insert them on the players\u2019 jerseys.\u201d<\/p>\n Miller also doesn\u2019t think the NCAA had any good intentions behind making this announcement, and that the timing of such was inevitable.<\/p>\n \u201cThe NCAA wasn\u2019t going to do anything unless they felt pressured by other forces,\u201d Miller said. \u201cThey would probably continue with the traditional amateurism model if the California law didn\u2019t come to light.\u201d<\/p>\n From the athlete side of this, senior forward from Quinnipiac men\u2019s soccer Eamon Whelan<\/span><\/a> says he plays a sport that\u2019s not a big money-maker, though he likes the change.<\/p>\n \u201cCoaches and colleges are making a lot of money and I think the athletes deserve a lot of it because they\u2019re a huge reason for that,\u201d Whelan said.<\/p>\n Senior midfielder from Quinnipiac women\u2019s lacrosse Victoria Bobinski<\/span><\/a> concurs with Whelan, as she believes lacrosse doesn\u2019t have a lot of money either. However, she also thinks there needs to be a lot of rules behind the policy.<\/p>\n \u201cThere should be a percentage limit of what athletes can make because there can be a huge gap between a top-tier university versus a small school that gets no recognition,\u201d Bobinski said. \u201cI think there needs to be a level playing field, especially when it comes to the differences between men\u2019s and women\u2019s sports.\u201d<\/p>\n From the coaching standpoint, University of Connecticut women\u2019s ice hockey head coach Chris Mackenzie<\/span><\/a> is in the neutral zone when it comes to his stance on the policy.<\/p>\n \u201cI\u2019m not for it, but I\u2019m not against it, either,\u201d Mackenzie said. I\u2019m very interested in seeing where the NCAA goes with it because this topic has certainly warranted attention.\u201d<\/p>\n Mackenzie pointed out that UConn likely has 10 or less athletes that will be affected by this policy because he believes only basketball and football stars at top schools will take advantage of this rule. Whelan and Bobinski voiced similar thoughts, as well.<\/p>\n However, Mackenzie has formulated a unique, creative way for women\u2019s hockey players to make money off their name, image and likeness off the ice.<\/p>\n \u201cI think student-athletes going back home and creating a hockey school for themselves is something they can profit from,\u201d Mackenzie said. \u201cYou can train, have a camp and make money all at the same time.\u201d<\/p>\n On the other hand, Quinnipiac women\u2019s soccer head coach Dave Clarke<\/span><\/a> says his viewpoint is \u201cthree-fold\u201d coming from a former college athlete, coach and outsider. However, he thinks the NCAA\u2019s mission might become jeopardized.<\/p>\n \u201cI understand why it\u2019s in place, but I also think that we have to maintain the integrity of Division I athletics and having players going to school to prioritize their education,\u201d Clarke said.<\/p>\n Quinnipiac sports economics professor Donn Johnson<\/span><\/a> has been in favor of this change for a long time.<\/p>\n \u201cThe amateurism model has been there for over 100 years, and I think that\u2019s starting to change,\u201d Johnson said.<\/p>\n Johnson supports letting the economic factors play their role, even in college sports.<\/p>\n \u201cI think the market forces and politicians are finally telling the NCAA to address this,\u201d Johnson said. \u201cAt this point, they knew they were stuck.\u201d<\/p>\n He also thinks the NCAA is corrupt and unethical all along for not allowing college athletes to profit off themselves.<\/p>\n \u201cFrom a moral standpoint, you\u2019re taking revenue they generate and keeping it for yourself and others for your own salaries,\u201d Johnson said. \u201cThey should get paid for the value they create.\u201d<\/p>\n Associate professor of sports management at the Ohio State University David Ridpath<\/span><\/a> notes the hypocrisy the NCAA has showed in the sense that it gives off the impression that \u201cthe world would end\u201d if college athletes could profit off their own brand. And now, they\u2019re \u201csinging a different tune.\u201d<\/p>\n \u201cThe NCAA would have never been progressive enough or unselfish enough to make this change on their own,\u201d Ridpath said.<\/p>\n Ridpath believes the NCAA uses terms like amateurism and collegiate model to accomplish a certain agenda.<\/p>\n \u201cThe current model cannot sustain and things like amateurism and collegiate model do not exist and are terms of art used to restrict basic rights,\u201d Ridpath said.<\/p>\n Ridpath also mentioned the NCAA has a hidden agenda they\u2019re pursuing based on three falsely promoted myths.<\/p>\n \u201cThe NCAA is based on academic integrity, amateurism and competitive equity,\u201d Ridpath said. \u201cOverall, none of these exist and are used to perpetuate public relations so others can get rich.\u201d<\/p>\n Despite these NCAA criticisms, Ridpath says its core value should reflect Pulitzer Prize-winning author Taylor Branch\u2019s<\/span><\/a> famous line: \u201cYou first deal with the athletes rights\u2014everything else is an adjustment.\u201d<\/p>\n That said, he and many others like where the NCAA is headed.<\/p>\n \u201cIt\u2019s a big, needed step, but there are many questions still to be answered,\u201d Ridpath said.<\/p>\n And the public is expecting those questions to be answered on or before January 2021. Topics that should be answered by the NCAA include any cap limit, what\u2019s permissible to profit from, its effect on the athlete recruiting process, the athletic contracts\u2019 conditions and any major differences between sport, sex and division level. At this point, coaches, athletes, fans, administrators and the rest of the college sports world eagerly await to see what transpires from here.<\/p>\n The NCAA announced that it plans to allow student-athletes to profit off their name, image and likeness starting no later than January 2021. This piece analyzes the announcement, references the O\u2019Bannon v. NCAA court case and includes thoughts and insight from coaches, athletes and field experts.<\/p>\n","protected":false},"author":98,"featured_media":975,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66],"tags":[],"class_list":["post-974","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-capstone-projects"],"_links":{"self":[{"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/posts\/974","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/users\/98"}],"replies":[{"embeddable":true,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/comments?post=974"}],"version-history":[{"count":3,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/posts\/974\/revisions"}],"predecessor-version":[{"id":3490,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/posts\/974\/revisions\/3490"}],"wp:attachment":[{"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/media?parent=974"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/categories?post=974"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hqnn.org\/hqpress\/wp-json\/wp\/v2\/tags?post=974"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"According](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/NCAA-Board-of-Governors.jpg\")
<\/a>![\"Tony](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Tony-Miller-Picture.png\")
<\/a>![\"Eamon](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Whelan-Picture.png\")
<\/a>![\"Victoria](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Bobinski-Picture.png\")
<\/a>![\"Chris](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Chris-Mackenzie-Picture.png\")
<\/a>![\"In](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Dave-Clarke-Picture.png\")
<\/a>![\"Donn](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/Donn-Johnson-Picture.png\")
<\/a>![\"David](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/David-Ridpath-Picture.png\")
<\/a>![\"NCAA](\"http:\/\/hqnn.org\/hqpress\/wp-content\/uploads\/2020\/09\/NCAA-Timeline-Graphic.png\")
<\/a>