How to Regulate NIL

[GAVol]

It is illegal to regulate NIL under the Sherman Antitrust Act.

Uh . . . yeah. Kind of had a 9-0 Supreme Court decision on that months ago that laid down the law on that. And before a "salary cap" could exist, someone would have to actually employ the players. People aren't getting the distinction between college and professional sports.

 

[OneVolNation]

No need to regulate it.

 

[S.C. OrangeMan]

Dude, they don't get it. I mean at all. It's just plain as day to me and you but for some people, they really think there is a way to regulate a citizen's right to earn. It's dumb.

Yes. The lack of awareness by the people that don't understand that is astonishing.

 

[Jimmyandjoes]

I hate to write this, but it's going there inevitably. Players unionize, collective bargain, hash out a tiered payment structure, etc. Doesn't mean you can't have endorsements as an extra, but until it's controlled and agreed to on both sides-it will continue to be the wild west. They only way to administer it is to collective bargain with that much $$$
NCAA produced 1.14billion revenue in 23. SEC $850+million. Big10 $860+ million. Acc $610+ million. There's enough for everyone.

SEC reported nearly $853 million in revenue in 2023 fiscal year, new tax records show

The Southeastern Conference reported income of nearly $853 million in its federal tax return, an increase of more than $50 million from 2022.

www.usatoday.com

 

[Dadof2Vols]

With all thats going on with the Lawsuit and the wild wild west of the NIL world. I would love to hear some of your takes on how to set rules and regulations on this matter. Here is my opinion, it may be a bad one so dont judge me to harshly.

1.) i think the collective needs to have a salary cap. I feel like doing this wouldnt limit a potential athlete on how much he can make and wouldnt violate the sherman act. You Limit on how much the collective can offer athletes over a given period.

2.) Something has to be done with the transfer portal. I feel like Tampering is out of control and if an athlete isnt getting what he wants he just ups and leaves. I think we go back to 2006 transfer rules. Either you have to have graduated or require a 1 time transfer waiver. By doing this, you also put another kink in the salary cap of the collective. Because now they would be stuck paying the player who doesnt produce.

3.) We should go back to 1 signing day. Not 2. You make it in December and have a very long recruiting dead period for the holidays. These coaches are not getting enough time with their players or their families as it is. Then you add the current state of NIL and Transfer portal and coaches are just jumping to the NFL at the first chance they get.

Agree then we can go back to the good old days of schools not named Tennessee being allowed to pay under table without prosecution.

 

[ddubb76]

You can’t regulate how much someone is capable of earning, however you can regulate who can play. The monetary limits could be placed on the schools as to how much someone can make and still play. If they don’t play on the field their value goes down.

 

[TheDeeble]

Dude, they don't get it. I mean at all. It's just plain as day to me and you but for some people, they really think there is a way to regulate a citizen's right to earn. It's dumb.

I think a lot of people out there don't realize NIL isn't something made up specifically for college athletes. They think it's part of the NCAA world that can be modified. The phrase "Name Image Likeness" didn't become a popular term till the O'Bannon lawsuit against the NCAA and that's why I think there's a lot of confusion about what it really is.

 

[SayUWantAreVOLution]

You can’t regulate how much someone is capable of earning, however you can regulate who can play. The monetary limits could be placed on the schools as to how much someone can make and still play. If they don’t play on the field their value goes down.

The NCAA won't win a lawsuit by a player who is specifically punished via playing time for making money.

Besides, it's obvious both the money is there and the players are worth it to the school. You'll just push the money back to the illegal payments.

Schools aren't going to let talent sit nor are they going to let them go elsewhere because their NIL is too high.

The players are worth the money to the school via NIL. Why are you trying to penalize players for being talented and valuable?

 

[GAVol]

Amazing how socialist people get when it comes to them being entertained.

 

[volfan102455]

At some point the courts will have to better define NIL verses salary from a company. NIL is the ability for a person to profit off their name, image and likeliness. That is not a salary. A "salary" is what your employer pays you to do something that benefits them.

If players become "employees" their "salary" would be set based on their performance on the field. Coaches pay is considered a "salary" because they are paid to do a specific job and do it well. Same is true for NFL. If you don't perform you get paid less or FIRED.

The NCAA should as the governing body that speaks to recruiting and transfer rules be able to set rules that dictate what is allowed and what isn't.

If NIL was working as expected, there would be no need for an athlete to ever transfer from one school to another. They may want to connect to a different collective that can provide them with a better NIL but they should not have to "change schools" for that to happen. The fact that they do is a clear indication that NIL is related to the school and is being used for recruiting.

 

[volfan102455]

Transfers can't be limited. It's a federal restraint of trade issue.

Not really - the transfer rules did not prevent transfer - the rules were around what process had to be followed when one transferred. So an athlete has always been able to transfer - they just may have to wait a year to participate.

 

[ddubb76]

The NCAA won't win a lawsuit by a player who is specifically punished via playing time for making money.

Besides, it's obvious both the money is there and the players are worth it to the school. You'll just push the money back to the illegal payments.

Schools aren't going to let talent sit nor are they going to let them go elsewhere because their NIL is too high.

The players are worth the money to the school via NIL. Why are you trying to penalize players for being talented and valuable?

Not one professional organized sport has no limit on pay. It is financially impossible to be able to maintain a wide open non regulated market.

Don’t penalize the player, penalize the state funded school. Let the player make as much as wants and can, just limit how much the organization can put on the field at one time. This isn’t limiting how much a player can make, just how much talent he is surrounded with. Less playing time less value.

Or if you want to protect the athlete more, make the school insure said players salary, I’m sure the insurance companies would find ways to limit the amount on the field

 

[SayUWantAreVOLution]

At some point the courts will have to better define NIL verses salary from a company. NIL is the ability for a person to profit off their name, image and likeliness. That is not a salary. A "salary" is what your employer pays you to do something that benefits them.

If players become "employees" their "salary" would be set based on their performance on the field. Coaches pay is considered a "salary" because they are paid to do a specific job and do it well. Same is true for NFL. If you don't perform you get paid less or FIRED.

The NCAA should as the governing body that speaks to recruiting and transfer rules be able to set rules that dictate what is allowed and what isn't.

If NIL was working as expected, there would be no need for an athlete to ever transfer from one school to another. They may want to connect to a different collective that can provide them with a better NIL but they should not have to "change schools" for that to happen. The fact that they do is a clear indication that NIL is related to the school and is being used for recruiting.

NIL is fine. It's being cleverly used by college teams. The courts aren't going to say, "You can't be clever with NIL like that" until someone is being actually harmed.

The NCAA TRIED to argue that players being compensated was bad for their business model, which it is, and against the college athlete tradition, which it is, and that it took away from the sense amateurism in college athletics, which it does. The Supreme Court told them 9-0 that their business model, tradition, sense of amateurism are no reason to restrict the rights of the players.

If the NCAA starts paying players and caps the salary at a low rate, NIL will just make up the difference to the market value of each player.

Players have been getting paid for a long time illegally and now, with NIL, they're getting paid cleverly. Not much has changed except you can see it and being "brought from the shadows" the market value has increased for players because competition is more open.

 

[SayUWantAreVOLution]

Not one professional organized sport has no limit on pay. It is financially impossible to be able to maintain a wide open non regulated market.

Don’t penalize the player, penalize the state funded school. Let the player make as much as wants and can, just limit how much the organization can put on the field at one time. This isn’t limiting how much a player can make, just how much talent he is surrounded with. Less playing time less value.

Or if you want to protect the athlete more, make the school insure said players salary, I’m sure the insurance companies would find ways to limit the amount on the field

Those pro sports have Antitrust Law Exemptions and engage the players in collective bargaining.

Once again, teams under that kind of silly "team value on the field" will just "go back underground" with payments. UT is not going to let Nico sit because he's too expensive to play. Without NIL or with the craziness you suggest, Nico would be being taken care of illegally.

THE PLAYERS ARE WORTH WHAT THEY'RE BEING PAID. The schools are OFFERING NIL because they want the talent the player's have.

Why....... Please answer....... Why is it wrong for the players to take what the schools freely offer in exchange for the talent the player provide?

 

[ddubb76]

The NCAA won't win a lawsuit by a player who is specifically punished via playing time for making money.

Besides, it's obvious both the money is there and the players are worth it to the school. You'll just push the money back to the illegal payments.

Schools aren't going to let talent sit nor are they going to let them go elsewhere because their NIL is too high.

The players are worth the money to the school via NIL. Why are you trying to penalize players for being talented and valuable?

As far as penalizing players for being talented or valuable, I’m not for it. Make all you can while you can. I think everyone should. However, I wish they would just make a nfl minor league and let all these genetic lottery winners go there and play. I’ll watch less talented loyal to school, playing for pride all day long

 

[cgrish]

With all thats going on with the Lawsuit and the wild wild west of the NIL world. I would love to hear some of your takes on how to set rules and regulations on this matter. Here is my opinion, it may be a bad one so dont judge me to harshly.

1.) i think the collective needs to have a salary cap. I feel like doing this wouldnt limit a potential athlete on how much he can make and wouldnt violate the sherman act. You Limit on how much the collective can offer athletes over a given period.

2.) Something has to be done with the transfer portal. I feel like Tampering is out of control and if an athlete isnt getting what he wants he just ups and leaves. I think we go back to 2006 transfer rules. Either you have to have graduated or require a 1 time transfer waiver. By doing this, you also put another kink in the salary cap of the collective. Because now they would be stuck paying the player who doesnt produce.

3.) We should go back to 1 signing day. Not 2. You make it in December and have a very long recruiting dead period for the holidays. These coaches are not getting enough time with their players or their families as it is. Then you add the current state of NIL and Transfer portal and coaches are just jumping to the NFL at the first chance they get.

Imo the tp only needs to be opened after all the college games have been played, including playoffs and bowl games. Change the date of signing day to until the last signing day now, just one signing day, and all would coincide with the tp. On the Nil do nothing the market will work itself out. Nil is here to stay, just let the market control this.

 

[woodpusher]

If the NCAA wants to be in control...

Instead of collectives, every single school has an "account" with the NCAA, similar to a GoFundMe. Anyone can donate. It stands for the entire athletic department.

So, let's say that UT's fan base donates $5M to it's "account." UT's AD provides a financial report and the $5M is divided up to the players based on the percentage of revenue that each sport brings in. So, if football is 50% of revenue (example), then $2.5M is to be evenly divided between all 85 members of the football team. Every sport and athlete gets a cut, based off of the percentage of revenue they bring into the AD.

This is completely regulated by the NCAA and ensures that every player receives an equal piece of the revenue they generated, in exchange for the use of their NIL.

However, if a business like Brown Squirrel Furniture approaches Squirrel White and wants to use his NIL, he should also be able to pursue that opportunity and create and hold his own terms.

I don't know the legality of that, or what would need to change. But it could be transparent in the sense of "Oh, UT's fan base raised $5M last year and Alabama's only raised $3M," thereby letting recruits know the payout is likely higher at UT, although it is based on a year by year number.

I don't know. I just know what we are doing right now sucks. I'd love for players to be on contracts, but not sure that works either. We really are headed towards semi-pro sports here. The amateurization of college sports is long gone.

I like the idea. I'm afraid the women will want $2.5M of that $5M though.

 

[SayUWantAreVOLution]

As far as penalizing players for being talented or valuable, I’m not for it. Make all you can while you can. I think everyone should. However, I wish they would just make a nfl minor league and let all these genetic lottery winners go there and play. I’ll watch less talented loyal to school, playing for pride all day long

Neyland went for about 4 years or so never selling out when the Vols were less competitive. It's just a fact that winning brings viewers to the TV and butts to the seats. Lots of viewers, in particular, are what draw that $50M / yr the SEC gets from the Mouse. You may not be interested in very high quality football in the SEC, but I can assure you the SEC is VERY concerned with that money it brings in.

I applaude your statement that you'd support the Vols no matter what but that's not what most people do in the long run.

 

[ntxVOL]

You can try to regulate collectives but that won't solve anything. Rich boosters will still be able to pay players outside of their collective and there's no way to prevent that.

The portal is the real problem and that should be easy to fix.

 

[Dadof2Vols]

Can’t wait to wake up tomorrow to find a new thread on same subject. Probably 10 thst could be combined on this same subject now.

 

[ddubb76]

Neyland went for about 4 years or so never selling out when the Vols were less competitive. It's just a fact that winning brings viewers to the TV and butts to the seats. Lots of viewers, in particular, are what draw that $50M / yr the SEC gets from the Mouse. You may not be interested in very high quality football in the SEC, but I can assure you the SEC is VERY concerned with that money it brings in.

I applaude your statement that you'd support the Vols no matter what but that's not what most people do in the long run.

If all the great athletes played for nfl jr, that wouldn’t be an issue. We could have college students playing the game they love for the school they love. I wish they could just go straight to making money and being pro athletes. Leave the colleges with the students. If the talent is all coming from the student body, then it will be competitive and nobody would be the wiser. Can the average fan see the difference in someone running a 4.6 or a 4.4 forty. Only way you can see the difference is comparing to the athletes that would be in the league. Wishful dreaming

 

[MontyPython]

With all thats going on with the Lawsuit and the wild wild west of the NIL world. I would love to hear some of your takes on how to set rules and regulations on this matter. Here is my opinion, it may be a bad one so dont judge me to harshly.

1.) i think the collective needs to have a salary cap. I feel like doing this wouldnt limit a potential athlete on how much he can make and wouldnt violate the sherman act. You Limit on how much the collective can offer athletes over a given period.

2.) Something has to be done with the transfer portal. I feel like Tampering is out of control and if an athlete isnt getting what he wants he just ups and leaves. I think we go back to 2006 transfer rules. Either you have to have graduated or require a 1 time transfer waiver. By doing this, you also put another kink in the salary cap of the collective. Because now they would be stuck paying the player who doesnt produce.

3.) We should go back to 1 signing day. Not 2. You make it in December and have a very long recruiting dead period for the holidays. These coaches are not getting enough time with their players or their families as it is. Then you add the current state of NIL and Transfer portal and coaches are just jumping to the NFL at the first chance they get.

So take everything you propose and now apply it to YOUR job.

Does it still make sense?

Should "we" regulate the maximum amount of $ you can make?

Should we tell you that you can't switch jobs to another company?

Should we regulate when you can talk to potential employers?

Kind of takes a new perspective when you acknowledge you're trying to impose your will on someone else's livelihood.

 

[Woodlawn VOL]

Players have been getting paid along time. I have no problem with NIL, the market will stabilize itself. As far as the non power 5 even some players at lower levels will probably get deals while maybe not on the power 5 level but still. I don’t really see how the smaller schools lose anything they were never getting in the first place. There is still a loyal fan base for some smaller schools. And also the opportunity for a smaller school player to move up as well. There will always be good players at the smaller school level. GBO

 

[volfan102455]

Players have been getting paid along time.

There were Supreme Court cases where players said otherwise - did they lie about it?

 

[Mccage]

With all thats going on with the Lawsuit and the wild wild west of the NIL world. I would love to hear some of your takes on how to set rules and regulations on this matter. Here is my opinion, it may be a bad one so dont judge me to harshly.

1.) i think the collective needs to have a salary cap. I feel like doing this wouldnt limit a potential athlete on how much he can make and wouldnt violate the sherman act. You Limit on how much the collective can offer athletes over a given period.

2.) Something has to be done with the transfer portal. I feel like Tampering is out of control and if an athlete isnt getting what he wants he just ups and leaves. I think we go back to 2006 transfer rules. Either you have to have graduated or require a 1 time transfer waiver. By doing this, you also put another kink in the salary cap of the collective. Because now they would be stuck paying the player who doesnt produce.

3.) We should go back to 1 signing day. Not 2. You make it in December and have a very long recruiting dead period for the holidays. These coaches are not getting enough time with their players or their families as it is. Then you add the current state of NIL and Transfer portal and coaches are just jumping to the NFL at the first chance they get.

I see no separation from Collectives and NIL money as things are now. Everyone knows you can’t put a cap on NIL’s it’s against the law. Doubt it will ever happen but collectives need to go and the players become employees of the university, Don’t need a middle man.