How to Regulate NIL

#1

aRmo

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#1
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.
 
#2
#2
Who regulates NIL? This opens the door for the NCAA to step in and maintain their status. The NCAA is a failed organization and has shown that they cannot govern the members of the NCAA in a manner that gets the right results in a timely manner. Plus they play favorites.
 
#3
#3
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.
1. Any NIL cap a) not a salary and b) illegal under the federal Sherman Antitrust Act.

2. Given the impact on NIL, going back to the 2006 transfer rules is likely illegal, too.

3. There has to be more than one signing day because it is for recruits and excludes portal players. There have to be at least two signing days for football to account for kids that graduate from high school in December and for those that don't graduate until after their spring semester, and don't necessarily know where they're getting admitted to college in December.


It's the new normal. Get used to it.
 
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#4
#4
Who regulates NIL? This opens the door for the NCAA to step in and maintain their status. The NCAA is a failed organization and has shown that they cannot govern the members of the NCAA in a manner that gets the right results in a timely manner. Plus they play favorites.
It is illegal to regulate NIL under the Sherman Antitrust Act.
 
#5
#5
I think it will end up being handled by Learfield groups like the Vol Network.
 
#6
#6
I wonder if a union(maybe a branch of the NFLPA) could provide player representation and the ability to agree to limitations that bring some stability AND allow players to get what they are worth, without just arbitrarily violating players' rights.
 
#8
#8
This is semi-pro football at this point. I say require enforceable contracts which would hold the institution and the player accountable to mutually agreed terms, I.E. you get paid XYZ for ABC years. I think players also need to unionize in some capacity to hold institutions in check.
 
#9
#9
I really don't think there's a way NIL can be regulated.

An extremely simple solution that will never happen is going back to the old transfer rules of players sitting out a year. I don't think NIL is the problem, but unmitigated free agency can absolutely kill programs. This solution would also make collectives think twice about what they're offering, I believe.
 
#10
#10
As I understand it, the players' unions agreed to a salary cap. So until there is a players' union in the colleges there can't be a salary cap. Someone pointed out on sports talk that state employees in South Carolina can't unionize. They would have to be paid by the SEC or NCAA (or the collective?) to be able to unionize.

The collectives could offer multi-year contracts to limit the transfers.
 
#11
#11
This is semi-pro football at this point. I say require enforceable contracts which would hold the institution and the player accountable to mutually agreed terms, I.E. you get paid XYZ for ABC years. I think players also need to unionize in some capacity to hold institutions in check.
This is where it will end up--or something similar.
 
#12
#12
The supreme court’s ruling has made it impossible to regulate Nil money as far as limits or caps. The only to regulate it now is (sadly) through the legislature in congress. That way it will be a law not a rule by the NCAA. The problem is with the title 9 and the Equality push. It will have equal with the boys and girls. This is just for the collectives that the school controls somewhat. Boosters will then have to step in to cover the stars of the programs. I’m afraid we are going down a path where college education is separated from sport, if this happens the 97 or so that don’t make the NFL will lose out on not getting the edu or the diploma that they are now capable of getting.
 
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#14
#14
There can and will be no cap. People get so confused on this. There is no cap on what NFL players can make on their name, image and likeness. NFL teams have a salary cap. If college employed players maybe they could cap the pay; they still have no control over what a kind makes through marketing themselves. Why this is so confusing I have no idea.
 
#17
#17
The way to control it is by verifying collectives in some way and framing that legally. You cannot cap what a person can earn; you can however make sure someone isn’t getting paid with illegal funds. I think this is round about what the ncaa is trying to do they just went about it in the stupidest way possible.
 
#18
#18
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.
 
#19
#19
Salary caps are going to do what? Nothing stopped schools from "paying" students before NIL, whats going to stop school to paying under the table after the salary cap is in exhausted.
I agree with you. You try to regulate NIL and we are right back where we started before NIL with under the table payouts to players.
 
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#20
#20
Three words: collective bargaining agreement. This is where we are heading, IMHO. This will take care of compensation, transfer portal issues and many problems beyond NIL. NIL is a separate issue and there will never be any cap on what a player can earn from NIL.
 
#21
#21
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.
A school with a rich interested donor completely change the situation. Though he would never do this, let's say Warren Buffett decides he's going to choose Nebraska's Athletic Dept to give some of his billions when he dies and sets up a massive trust that kicks $100M annuity to Nebraska Athletics every year until the money runs out. How does the B1G deal with that?

Schools like TX have ridiculously rich and willing to give donors who could put together a similar trust annuity.

The rich buy the league. This is why the pros try to keep incredibly rich markets like NYC from buying all the talent, a la the Yankees.
 
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#22
#22
Three words: collective bargaining agreement. This is where we are heading, IMHO. This will take care of compensation, transfer portal issues and many problems beyond NIL. NIL is a separate issue and there will never be any cap on what a player can earn from NIL.
I don’t think so but like you I’m just guessing. You would have to employ players then you get into title 9 also. Add in a lot of ADs are in the red already. I do agree with your last point I just don’t know that the solution to any of this is treating players as employees but that may end up what happens.
 
#23
#23
I wonder if a union(maybe a branch of the NFLPA) could provide player representation and the ability to agree to limitations that bring some stability AND allow players to get what they are worth, without just arbitrarily violating players' rights.
A players union has zero power or ability to regulate endorsements or what private sponsors pay for them.
 
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#24
#24
I really don't think there's a way NIL can be regulated.

An extremely simple solution that will never happen is going back to the old transfer rules of players sitting out a year. I don't think NIL is the problem, but unmitigated free agency can absolutely kill programs. This solution would also make collectives think twice about what they're offering, I believe.
Transfers can't be limited. It's a federal restraint of trade issue.
 

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