Paying athletes....

[Norsky19]

Do the rich get richer?
Power 5 and then everyone else fighting over scraps?
How will schools afford to pay students? Revenue sharing agreements?
Title 9 issues?
How will this impact FCS?
Thoughts?

[gtapp]

As you said, the rich get richer. NDSU I believe already pays their athletes about $4000 per year stipend. Not sure how they can afford that across all sports. Does it apply to every athlete or just the scholly athletes? Does it change year to year? Is there a contract with each athlete that guarantee's payment and if not what do you tell them during recruiting?

[bobcat99]

As far as I’m aware, the proposed new rules aren’t student athletes making a salary, or similar. It’s just that they’re able to profit off of their name and image. So if MSU sells a bunch of #15 jerseys, Troy Andersen could receive some of the revenue from that. If a local business wants to use a player in an advertisement, they can, and they can pay them for it.

Is there opportunity for abuse? Of course, but let’s not be naive enough to think there already isn’t. College athletes generally get taken care of pretty well, especially the best of the best. I think it would be great if student athletes are able to profit off of what they do. Look at what schools are spending these days! A HC will make $10 million a year. Assistant coaches over a million a year. Sold out stadiums. Jersey sales. Tv contracts. This is big, big, business. Let the players get their piece of the pie too. Will it always be fair? No. But it isn’t fair right now, and frankly, I don’t give a damn. Fair doesn’t exist.

[Cledus]

Do the rich get richer?
Power 5 and then everyone else fighting over scraps?
How will schools afford to pay students? Revenue sharing agreements?
Title 9 issues?
How will this impact FCS?
Thoughts?

Hasn't it always been that way? Seems like the new way will just be a little more transparent.

[Cledus]

As far as I’m aware, the proposed new rules aren’t student athletes making a salary, or similar. It’s just that they’re able to profit off of their name and image. So if MSU sells a bunch of #15 jerseys, Troy Andersen could receive some of the revenue from that. If a local business wants to use a player in an advertisement, they can, and they can pay them for it.

I'm all for that. What does everything think an appropriate royalty should be? 5% to 10%, or more? I think 5% is a good number. More than 10% and it might make retail price out of range of the desired price point.

What if a current jersey starts flying off the shelves and a former player who wore the same number wants their cut? Imagine a bunch of people start buying Brody Grebe jerseys (#9 ), and then Denarius McGhee says, "Hey, where's my cut?"

[ilovethecats]

As far as I’m aware, the proposed new rules aren’t student athletes making a salary, or similar. It’s just that they’re able to profit off of their name and image. So if MSU sells a bunch of #15 jerseys, Troy Andersen could receive some of the revenue from that. If a local business wants to use a player in an advertisement, they can, and they can pay them for it.

Is there opportunity for abuse? Of course, but let’s not be naive enough to think there already isn’t. College athletes generally get taken care of pretty well, especially the best of the best. I think it would be great if student athletes are able to profit off of what they do. Look at what schools are spending these days! A HC will make $10 million a year. Assistant coaches over a million a year. Sold out stadiums. Jersey sales. Tv contracts. This is big, big, business. Let the players get their piece of the pie too. Will it always be fair? No. But it isn’t fair right now, and frankly, I don’t give a damn. Fair doesn’t exist.

Agreed.

[Hawks86]

What if there is no name on the jersey?

This last decision is only about education-related benefits.

[AFCAT]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

[Hawks86]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

The soon coming NIL rules will allow him to. The NCAA is trying to figure out what those rules and monetary limits(if any) will be.

[Hawks86]

[coloradocat]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

I can see some of the high profile players at Power 5 schools testing the limits of copyrights/trademarks by designing their own jerseys with the names on the back that look very much like their schools' jerseys but with enough differences to skirt the law.

[AFCAT]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

I can see some of the high profile players at Power 5 schools testing the limits of copyrights/trademarks by designing their own jerseys with the names on the back that look very much like their schools' jerseys but with enough differences to skirt the law.

Yup, NFL players do that all the time.

[Cledus]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

This position seems very consistent with the NCAA's position that was just overruled. People will buy a #15 jersey because of who's wearing it, not because it's an MSU jersey.

Even if you're right and I'm wrong, all it will take is one school to pay a royalty and the rest will fall like dominoes. If you're a high school recruit and trying to pick between MSU and dUMb, and dUMb players get a cut of jersey sales but MSU players don't, how many recruiting battles do you think MSU will win?

Just as I typed this, I realized this could be a huge selling point when coaches recruit.

[wbtfg]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

I can see some of the high profile players at Power 5 schools testing the limits of copyrights/trademarks by designing their own jerseys with the names on the back that look very much like their schools' jerseys but with enough differences to skirt the law.

Kind of on that same train of thought, would the school pay the athlete for the rights to put names on the back of jerseys. For example, if MSU and/or Universal Athletics wanted to sell #15 jerseys with "Andersen" on the back, could they pay Troy a flat fee (let's say $5k) for the use of is name/image/likeness?

[AFCAT]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

The soon coming NIL rules will allow him to. The NCAA is trying to figure out what those rules and monetary limits(if any) will be.

An athlete could use the schools property with the schools permission.

[Hawks86]

Looks like the NCAA punted to each state or school. The Montana NIL law starts in June 2023.

[AFCAT]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

This position seems very consistent with the NCAA's position that was just overruled. People will buy a #15 jersey because of who's wearing it, not because it's an MSU jersey.

Even if you're right and I'm wrong, all it will take is one school to pay a royalty and the rest will fall like dominoes. If you're a high school recruit and trying to pick between MSU and dUMb, and dUMb players get a cut of jersey sales but MSU players don't, how many recruiting battles do you think MSU will win?

Just as I typed this, I realized this could be a huge selling point when coaches recruit.

Oh, no doubt. If the schools were smart they would come to an agreement with players and compensate them for the use of their image in order to sell more products. MSU owns the brand though and if they put a bunch of jerseys out there and #15 sells better that others, then I can’t see how Troy gets paid. Now, if MSU put Troy’s face on the marketing of the #15 jersey, then he should definitely get paid. Like someone wrote before, if I get a number 9 jersey, who gets paid? If I get a #9 jersey that’s marketed with a certain players likeness, then that player should get paid.

[Hawks86]

67th Legislature SB 248.1
- 1 - Authorized Print Version – SB 248
1 SENATE BILL NO. 248
2 INTRODUCED BY E. BOLDMAN
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING STUDENT-ATHLETE RIGHTS AND
5 PROTECTIONS; ENSURING THAT A STUDENT-ATHLETE CAN EARN COMPENSATION FOR THE USE OF
6 THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS; AND PROVIDING A DELAYED EFFECTIVE
7 DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. Student-athlete rights and protections. (1) As used in this section:
12 (a) "Postsecondary institution" means a 2-year or 4-year public or private college or university located
13 in the state.
14 (b) (i) “Student-athlete rights” means the rights of a student-athlete enrolled in a postsecondary
15 institution to earn compensation for the use of the student-athlete's name, image, or likeness and to contract
16 with and retain professional representation of an athlete agent.
17 (ii) The term does not include a right to receive compensation from a postsecondary institution.
18 (2) Except as provided in this section, a postsecondary institution or an athletic association,
19 conference, or organization with authority over intercollegiate sports may not:
20 (a) prohibit, prevent, or restrict a student-athlete from exercising the student-athlete's rights;
21 (b) penalize or retaliate against a student-athlete for exercising the student-athlete's rights;
22 (c) prohibit a student-athlete from participating in an intercollegiate sport for exercising the student23 athlete's rights; or
24 (d) impose an eligibility requirement on a scholarship or grant that requires a student-athlete to refrain
25 from exercising the student-athlete's rights.
26 (3) (a) A student-athlete may not enter into a contract that provides compensation to the student27 athlete for the use of the student-athlete’s name, image, or likeness if terms of the contract conflict with the
28 student-athlete’s team rules or with terms of a contract entered into between the student-athlete’s
67th Legislature SB 248.1
- 2 - Authorized Print Version – SB 248
1 postsecondary institution and a third party, except the team rules or a contract entered into between the
2 postsecondary institution and a third party may not prevent a student-athlete from earning compensation for the
3 use of the student-athlete’s name, image, or likeness when not engaged in official team activities.
4 (b) A student-athlete who enters into a contract that provides compensation to the student-athlete for
5 the use of the student-athlete’s name, image, or likeness shall disclose the contract to an official of the
6 postsecondary institution if the student-athlete is a team member or, if the student-athlete is not a team
7 member, at the time the student-athlete seeks to become a team member.
8 (c) If a postsecondary institution asserts that the terms of the contract conflict with the team rules or
9 with terms of a contract entered into between the student-athlete’s postsecondary institution and a third party,
10 the unit shall disclose the specific rules or terms asserted to be in conflict to the student-athlete or to the
11 student-athlete’s professional representative or athlete agent if the student-athlete is represented.
12 (4) A postsecondary institution or an athletic association, conference, or organization with authority
13 over intercollegiate sports may not provide to a prospective or current student-athlete compensation for use of
14 the student-athlete's name, image, or likeness.
15 (5) Nothing in this section prohibits a postsecondary institution from establishing or enforcing a
16 conduct code that is applicable to all students enrolled at the unit.
17
18 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
19 integral part of Title 20, chapter 1, part 2, and the provisions of Title 20, chapter 1, part 2, apply to [section 1].
20
21 NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 2023

[coloradocat]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

I can see some of the high profile players at Power 5 schools testing the limits of copyrights/trademarks by designing their own jerseys with the names on the back that look very much like their schools' jerseys but with enough differences to skirt the law.

Kind of on that same train of thought, would the school pay the athlete for the rights to put names on the back of jerseys. For example, if MSU and/or Universal Athletics wanted to sell #15 jerseys with "Andersen" on the back, could they pay Troy a flat fee (let's say $5k) for the use of is name/image/likeness?

I think it's more likely that there will be a general agreement covering all athletes similar to what the pro leagues do. I don't know if it would be at the NCAA level, conference level or school level but I can see a small % of sales going to a general fund for the athletes and another % going to the specific athlete referenced/implied on the item.

[wbtfg]

If MSU sold a bunch of #15 jerseys, Troy wouldn’t get a cut. MSU owns the Montana State University brand and images. Troy doesn’t own the #15 MSU jersey. I’d have to talk with a lawyer, but MSU probably can’t market and sell ‘Troy Andersen’ jerseys without his permission. Troy could go out and make money off his image but he couldn’t do it wearing an MSU jersey or affiliating himself with the school without their permission. Troy could go down to the local car dealer and endorse the newest Ford truck, if he wanted to.

I can see some of the high profile players at Power 5 schools testing the limits of copyrights/trademarks by designing their own jerseys with the names on the back that look very much like their schools' jerseys but with enough differences to skirt the law.

Kind of on that same train of thought, would the school pay the athlete for the rights to put names on the back of jerseys. For example, if MSU and/or Universal Athletics wanted to sell #15 jerseys with "Andersen" on the back, could they pay Troy a flat fee (let's say $5k) for the use of is name/image/likeness?

I think it's more likely that there will be a general agreement covering all athletes similar to what the pro leagues do. I don't know if it would be at the NCAA level, conference level or school level but I can see a small % of sales going to a general fund for the athletes and another % going to the specific athlete referenced/implied on the item.

Who represents the athletes in this agreement? The NFL has a collective bargaining unit that negotiates a CBA. Not sure how this works with NCAA.