How much are we worth?

#51
#51
Delmar said:
My response was to the guy in post #6:

“This is why NIL must be capped like the NFL’s salary cap or it’s going to get insane.”

But I’m not sure the government can or will ever cap NIL. Everybody is free to earn money on their Name, Image And Likeness. It’s called free market. Now IF college sports gets an antitrust exemption like the NFL has and they go to employment contracts (as in the NFL) then limits (caps) could go into effect on those contracts. Not a lawyer but that’s my understanding. Too many people still conflate NIL contracts with employment contracts.
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I am a lawyer and if Congress gave the NCAA an antitrust exemption they could regulate NIL however they liked (as long as they stayed within the conditions of the exemption). Most likely any antitrust exemption (which has a chance of passing) will require that a certain percentage of revenue be set aside for the benefit of athletes, and as long as the schools do that, they will be within the law's "safe harbor" and can make enforceable rules regarding NIL, transfers, etc. Employment would not be required.
 
#53
#53
unfrozencvmanvol said:
I am a lawyer and if Congress gave the NCAA an antitrust exemption they could regulate NIL however they liked (as long as they stayed within the conditions of the exemption). Most likely any antitrust exemption (which has a chance of passing) will require that a certain percentage of revenue be set aside for the benefit of athletes, and as long as the schools do that, they will be within the law's "safe harbor" and can make enforceable rules regarding NIL, transfers, etc. Employment would not be required.
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Thanks for clarifying. All I’ve seen is folks saying that NIL can’t be regulated and that an antitrust exemption and employment contracts are the only way this thing gets close to getting under control. It will be interesting to see if any of this comes to pass and what the “conditions” of an exemption might be.
 
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#54
#54
Delmar said:
Thanks for clarifying. All I’ve seen is folks saying that NIL can’t be regulated and that an antitrust exemption and employment contracts are the only way this thing gets close to getting under control. It will be interesting to see if any of this comes to pass and what the “conditions” of an exemption might be.
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Yeah, there are several folks here who spread alot of misinformation for whatever reason. NIL can definitely be regulated if Congress passes an Antitrust exemption that says it can.
 
#56
#56
Voltopia said:
You cannot cap NIL - but you can create eligibility rules, and schools can agree to adhere to those rules. If Congress restores that authority through congressional action, and the schools agree to participate by those rules, then you can effectively restore the functional order of how things were before this mess started.

Players will be free to accept whatever NIL they want. The college just can't use anyone who doesn't meet the requirements in collegiate competition.

Which again, is how it was before any of this started. Players have always been free to accept whatever NIL they want. "But their NIL would be worthless if they weren't playing for a college!" Hmm ... really? Well that doesn't sound like NIL at all ... and there's a nasty can of worms that nobody wants to eat lurking behind that thought ...
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That would be unconstitutional. College football isn’t above the laws of the land and personal freedoms. However, if college football would organize into an actual league like the NFL then these issues would solve themselves.
 
#57
#57
Hairy Vols said:
That would be unconstitutional. College football isn’t above the laws of the land and personal freedoms. However, if college football would organize into an actual league like the NFL then these issues would solve themselves.
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And the moment it becomes an "actual league" the colleges have no further reason to be involved with it. And for that matter, if it isn't the students of one school competing against another school then what the hell is the point of it even being called "college football"? And yes, I'm aware it's barely "college football" as it is. We're one or two lawsuits away from paunchy castoffs from NFL offensive lines sucking in their guts as they proclaim "Hook 'em!" or "Geaux Tigers!" in a pregame video package. I've been watching, same as everyone else, as the sport has devolved into its current state. There's no need for a second, lesser NFL.
 
#59
#59
Voltopia said:
And the moment it becomes an "actual league" the colleges have no further reason to be involved with it. And for that matter, if it isn't the students of one school competing against another school then what the hell is the point of it even being called "college football"? And yes, I'm aware it's barely "college football" as it is. We're one or two lawsuits away from paunchy castoffs from NFL offensive lines sucking in their guts as they proclaim "Hook 'em!" or "Geaux Tigers!" in a pregame video package. I've been watching, same as everyone else, as the sport has devolved into its current state. There's no need for a second, lesser NFL.
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You could very easily create a unique league where they are still directly tied to the university. There is without a doubt a way to do it. And it will happen eventually. Without even a shadow of a doubt at this point. It is the only way to correct things at this point.
 
#62
#62
Hairy Vols said:
The NFL doesn’t have an NIL cap.
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The NFL I am pretty sure does have rigorous rules enforcing its salary cap though, to be certain that "NIL" is not a backdoor way for teams to get around the salary cap. NIL in the NFL has to be real NIL. It's not in college, in college it's backdoor pay for play.
 
#63
#63
Boston Vol said:
But there’s a cap on revenue sharing, which is akin to a salary cap in professional sports.
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I haven’t dove into that to see what it’s all about. There can’t be a whole lot of restrictions with the revenue sharing cap because some of the football programs are spending 2 and 3 times more than others to build their teams.
 
#66
#66
SayUWantAreVOLution said:
Schools can't be expected to stop a player from making outside money. For instance, Brooke Shields went to college while still working at a spokesperson for various jeans or whatever, so your idea is the school should be punished for that?

Ridiculous idea.
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But she did that outside of her school activities. She’d made that if she didn’t go to school. OTOH how many of us would have known who the F Nico, Boo Carter or George McIntyre are without the University AD? Practically none. NIL is nothing but “pay for play”. NCAA needs to WTFU & call it that.
 
#67
#67
wmcovol said:
But she did that outside of her school activities. She’d made that if she didn’t go to school. OTOH how many of us would have known who the F Nico, Boo Carter or George McIntyre are without the University AD? Practically none. NIL is nothing but “pay for play”. NCAA needs to WTFU & call it that.
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You act as though the students created all this. The schools created it. The schools offer the ever increasing money. The schools decide to pursue the players for millions.

If it's pay for play, the schools are creating it, driving up the prices, paying the prices, etc etc yet you seem to blame the players for the mess.

Place the blame exactly where it is. The University of Tennessee Athletic Department CHOOSES to spend like this while other schools don't. If you don't like how the university behave, find another school to root for.
 
#68
#68
SayUWantAreVOLution said:
You act as though the students created all this. The schools created it. The schools offer the ever increasing money. The schools decide to pursue the players for millions.

If it's pay for play, the schools are creating it, driving up the prices, paying the prices, etc etc yet you seem to blame the players for the mess.

Place the blame exactly where it is. The University of Tennessee Athletic Department CHOOSES to spend like this while other schools don't. If you don't like how the university behave, find another school to root for.
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The NCAA doesn’t allow “pay for play” agreements with players. If they did, much of this mess could be avoided. It would be much cleaner & would reduce the issue of kids getting screwed by their agents by persuading them to enter the portal every year.

Relax, tough guy. I was a season ticket holder for 40 yrs, contributed more money to the athletic scholarship fund than most of my UT alumni friends. I’ll root for who I want.
 
#69
#69
wmcovol said:
The NCAA doesn’t allow “pay for play” agreements with players. If they did, much of this mess could be avoided. It would be much cleaner & would reduce the issue of kids getting screwed by their agents by persuading them to enter the portal every year.

Relax, tough guy. I was a season ticket holder for 40 yrs, contributed more money to the athletic scholarship fund than most of my UT alumni friends. I’ll root for who I want.
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I'm just saying that you wouldn't have liked it or thought it legal if all the employers in your field decided..... $20k is all we'll pay anyone we employ.

Yet here you are suggesting that player's earnings should be capped. Why?
 
#70
#70
VolRage said:
This is why NIL must be capped like the NFL’s salary cap or it’s going to get insane.
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NIL can’t be capped, but it should be disconnected from the university donor bases. NIL should be about actual market value. What does your face bring to the table? If Pepsi wants to give Jim Bob a million, then it shouldn’t matter all that much where he goes to school.
 
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#71
#71
SayUWantAreVOLution said:
I'm just saying that you wouldn't have liked it or thought it legal if all the employers in your field decided..... $20k is all we'll pay anyone we employ.

Yet here you are suggesting that player's earnings should be capped. Why?
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Where did I say capped? I’m just saying there needs to be legal enforceable performance contracts with the schools. If players can get something extra outside, go for it. The NIL deals are a lie.
 
#72
#72
wmcovol said:
Where did I say capped? I’m just saying there needs to be legal enforceable performance contracts with the schools. If players can get something extra outside, go for it. The NIL deals are a lie.
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They are a lie but the schools are doing all of this voluntarily. That's America. It's a market and just because you think "it's outrageously over inflated" doesn't mean it needs regulation.
 
#73
#73
WaywardVol said:
NIL can’t be capped, but it should be disconnected from the university donor bases. NIL should be about actual market value. What does your face bring to the table? If Pepsi wants to give Jim Bob a million, then it shouldn’t matter all that much where he goes to school.
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I have no argument against that method of NIL but that’s not what NIL is about at the moment.
 
#74
#74
VolRage said:
I have no argument against that method of NIL but that’s not what NIL is about at the moment.
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I get it and am lost as to why the NCAA hasn’t emphasized this in their arguments. It’s still illegal to arbitrarily funnel money to a player, yet put it under a collective and suddenly it’s “marketing.”
 
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