It’s In the Game: How NIL is Changing Sports
With the college football season wrapped up and Ohio State crowned champions after their decisive victory over Notre Dame in the first-ever 12-team playoff, the sports world's attention is now turning to March Madness. But as we gear up for another exciting season of college basketball, there's another game-changer afoot that's been reshaping the landscape of college athletics: NIL.
Not familiar with NIL? If you're a fan of college sports, you'll definitely want to keep reading…
NIL, or Name, Image, and Likeness, is revolutionizing how college athletes – across all sports – are compensated and how they interact with their schools and fans. You might remember the days when college athletes were unpaid amateurs, playing solely for glory and the hope of getting drafted. But thanks to NIL, they can finally get a piece of the pie they helped create.
It's a revolution that's changing everything we thought we knew about college sports. And the money involved is no joke. Ohio State allegedly had a whopping $20 million in NIL money on its roster, while Notre Dame's quarterback, Riley Leonard, raked in $1.6 million in NIL deals this season. For both teams, it seems like a pretty decent return on investment. But how did we even get here?
The Road to NIL: From Courtrooms to Statehouses
The road to NIL was paved with years of legal battles and public pressure, culminating in key court cases like O'Bannon v. NCAA (challenging the use of athlete likenesses without consent) and NCAA v. Alston (limiting the NCAA's control over athlete compensation). These cases, along with growing public support for athlete rights, ultimately led to the NCAA adopting NIL policies in 2021.
But the legal fight didn't stop there.
The House v. NCAA lawsuit, which challenged the NCAA's remaining restrictions on athlete compensation, reached a settlement in May 2024. This settlement further expanded NIL rights, allowing athletes to receive compensation beyond just endorsements and appearances. It also paved the way for potential future changes, including the possibility of athletes receiving a share of the revenue generated by their sports.
And just recently, in December 2024, the Johnson v. NCAA case settled, further pushing the boundaries of NIL by addressing the question of whether college athletes should be classified as employees.
Just last year, here in Massachusetts, we joined the movement with our own NIL law which allows local student-athletes (including high schoolers!) to get in on the action.
NIL in Action: Real-Life Examples
Photo Credit: Iowa Pork Producers Association
NIL is changing the game in a big way, and sometimes, awfully creatively.
Livvy Dunne, LSU: LSU gymnast Livvy Dunne, with her millions of social media followers, is raking in an estimated $4.2 million through NIL deals.
Caitlin Clark, Iowa: Caitlin Clark took the women's basketball world by storm last year, captivating the nation with her record-breaking performances. Her NIL valuation soared to over $3 million, proving that NIL isn't just for football stars.
Paige Bueckers, UConn: UConn's Paige Bueckers isn't just a rising star on the court; she's also a trendsetter in the shoe game. She's the first NIL athlete to design and launch a Nike Player Edition basketball shoe! And that's not all - she also has deals with Bose, Gatorade, Dunkin', and Unrivaled.
Deion Sanders and Colorado Football: Coach Prime brought plenty of hype to Colorado’s football program, and he also brought along his son, Shedeur Sanders ($6.2 million in NIL deals), and Heisman winner Travis Hunter ($5.7 million). That certainly helps with recruiting when you can tout some of the country’s most expensive NIL deals.
Cooper Flagg, Duke: Even closer to home, Maine basketball phenom Cooper Flagg took his talents to Duke and is already earning an estimated $4.3 million.
Kool-Aid McKinstry, Alabama: Ga'Quincy "Kool-Aid" McKinstry, a defensive back for Alabama, landed an NIL deal with...you guessed it...Kool-Aid! Talk about a match made in marketing heaven. (There is a cheap Oh Yeah! joke here…)
Iowa Pork Producers Association and Iowa State: The Iowa Pork Producers Association gave NIL deals to a handful of Iowa State football players: Myles Purchase, Tyler Moore, Tommy Hamann, and Caleb Bacon. Seems innocent enough, right? But put their names together, and you get "Purchase Moore Hamann Bacon." Clever, those pork producers!
Decoldest Crawford, Nebraska: One of my personal favorites is Decoldest Crawford, the Nebraska wide receiver who partnered with SOS Heating & Cooling. These puns basically write themselves.
Bryce Underwood, Michigan: 5-star quarterback Bryce Underwood flipped his commitment from LSU to Michigan, reportedly for a jaw-dropping $10 million NIL package. This just shows how NIL is reshaping the recruiting landscape and giving athletes unprecedented leverage.
“NIL isn’t just about individual athletes getting paid; it’s about a fundamental shift in the way college sports operate. It raises questions about fairness, equity, and the very definition of amateurism. ”
Okay, so we've seen some of the big names and big money involved in NIL. It's exciting, it's sometimes funny, and it definitely shows how the college sports landscape is changing.
But you might be thinking, "So what? What does all this really mean for the future of college athletics?" That's a great question, and it's one that we need to explore further.
NIL isn't just about individual athletes getting paid; it's about a fundamental shift in the way college sports operate. It raises questions about fairness, equity, and the very definition of amateurism.
So, let's dive deeper into the implications of NIL and see how it's impacting everything from recruiting and the pro pipeline to the balance of power between schools and the role of boosters and alumni.
The Impact of NIL: A Multifaceted Perspective
One of the biggest impacts of NIL is how it's changing the path to professional sports.
Athletes can now earn money while in college, which could influence their decisions about when to go pro. For some, like quarterback Carson Beck, who transferred from Georgia to Miami, NIL money might actually outweigh potential NFL earnings, making college a more attractive option. He isn’t projected to be a top pick in the draft, so the chance to make nearly $4 million by staying in college another season, and to quarterback a team expected to compete for a national championship, makes too much sense. In fact, at $4 million, he’ll make more than the starting quarterback of the Denver Broncos, Bo Nix.
And it's not just football. Remember the days of "one-and-done" basketball players? Coaches like John Calipari, now at Arkansas, built their reputations on recruiting top talent, coaching them for a single season, and then sending them off to be lottery picks in the NBA draft. But now, with NIL allowing players to earn significant income while in college, that trend might be changing. Could we see more top basketball prospects choosing to stay in school longer, honing their skills and building their brands before making the jump to the pros?
Only time will tell, but it's definitely something to keep an eye on.
NIL is like a ripple effect, impacting everyone involved in college sports. Athletes gain financial opportunities and control over their careers, but also face potential exploitation and pressure. Universities benefit from increased visibility and recruiting power, but must navigate new challenges and potential competitive imbalances. Boosters and businesses have new ways to engage with athletes and schools, but must ensure transparency and ethical practices.
And let's not forget the impact on high school athletes and their families, who now face early temptations and potential exploitation in the recruiting process. High school kids worth millions of dollars? What could possibly go wrong…
NIL and the Changing Landscape of College Sports
NIL is not only changing the way athletes are compensated, but it's also reshaping the entire college sports landscape:
The Transfer Portal and the Erosion of Loyalty: With athletes transferring more frequently, the traditional sense of loyalty to a school seems to be fading. Some players are synonymous with their colleges. Michael Jordan and UNC. Tom Brady and Michigan. Caitlin Clark and Iowa. Vince Young and Texas. Randy Moss and Marshall. Now, some student-athletes are on their third and fourth teams.
Shifting Power Dynamics: Could NIL lead to a shift in power from traditional powerhouses to schools with the biggest NIL war chests? It's a possibility that has many fans and administrators concerned. It seemed like the SEC had a lock on college football’s national title. The ACC was a perennial powerhouse in college basketball. Those schools will continue to put together resources to compete, but the playing field is admittedly different with the dawn of NIL.
The Rising Cost of College: NIL adds another layer of complexity to the already challenging issue of college affordability. Will it exacerbate existing inequalities in higher education? Will schools divert resources from scholarship and financial aid? Will alumni choose to donate to the cloudy and murky collectives as opposed to annual giving to endowments or scholarship funds? A new wrinkle to the ongoing public policy crisis of higher education.
NIL Collectives and the Need for Transparency
NIL collectives are basically groups of alumni, fans, and boosters who pool their money to create NIL opportunities for athletes at a specific school. Think of them as superfans with a mission (and some serious cash). They can negotiate deals with athletes on behalf of businesses, arrange appearances, and even help athletes launch their own brands.
These collectives have become a major force in the NIL landscape, but they also raise some concerns. Because they're often privately funded and operate independently of the universities, there's a lack of transparency surrounding their operations. Many NIL collectives have no obligation to publicly report how much they've raised or how the money is being spent. This can lead to questions about fairness, competitive balance, and whether some athletes are getting preferential treatment. Estimates suggest that NIL collectives alone are generating close to $10 million annually per Power 5 school. Extrapolating that, with roughly 70 collectives in the Power 5 conferences, you're looking at a potential $700 million per year just from these organized groups.
This lack of transparency, combined with the sheer amount of money being thrown around, is one of the biggest challenges with NIL. But there's hope! NCAA President Charlie Baker is pushing for a national set of NIL standards, which could bring much-needed clarity and consistency to this evolving landscape. Hopefully, these standards would include greater transparency and accountability for NIL collectives, ensuring that everyone is playing by the same rules and that the integrity of college sports is protected.
Here's the thing: if someone is essentially paying an athlete to play for a particular school, shouldn't that be public knowledge? This information should be disclosed to the school, the athlete's teammates, and most importantly, the fans and the public.
The previous allure of collegiate sports was that students were playing against other students, presumably for the love of the game! You watched your school take on another school, rooting for your classmates. There was a level playing field – or so you thought.
When rooting for a school, choosing to attend a school, or even as a casual fan watching a game, I'd argue that transparency is crucial. It ensures that everyone is playing by the same rules and prevents shady backroom deals.
Athletes, their families, and coaches need all the facts to make informed decisions, and hidden agreements can lead to problems down the road. Plus, fans deserve to know if financial incentives are influencing their favorite players. Transparency helps maintain trust and confidence in the integrity of college sports.
“Estimates suggest that NIL collectives alone are generating close to $10 million annually per Power 5 school. Extrapolating that, with roughly 70 collectives in the Power 5 conferences, you’re looking at a potential $700 million per year just from these organized groups.”
Let the Players Unionize!
Now that we've explored the concept of NIL and some of the shortcomings, what should we do about it? What can be done about it? There are a lot of ideas floating around about NIL and solutions.
One that might ruffle some feathers is: why not allow college athletes to unionize? A players' union could negotiate a standard set of rules for NIL deals, transfers, and even compensation. It could help protect athletes from exploitation, ensure fair treatment, and give them a real voice in shaping the future of college sports.
Think about the case of Matt Sluka, the former Holy Cross quarterback who transferred to UNLV, only to leave again after claiming the school failed to deliver on a promised $100,000 NIL deal. He's now reunited with his former Holy Cross coach at James Madison.
Situations like this highlight the need for greater protection and a more formalized system for athletes to navigate NIL. A union could help prevent such situations and ensure that athletes' rights are protected. But the potential benefits of a union go even further.
Imagine a system where college athletes have access to long-term benefits like pensions, comprehensive health care, and career development resources. These benefits could even transfer to their professional careers, providing a safety net and support system that extends beyond their college years. This would not only benefit the athletes themselves, but it could also make college sports more attractive to top talent, ensuring a bright future for the games we love.
But unionization isn't the only solution on the table. There are other proposals to address the challenges of NIL, including:
Uniform NIL Standards: The NCAA, led by President Charlie Baker, is pushing for a national set of NIL standards to create a level playing field and reduce confusion.
Revenue Sharing: Some experts suggest that athletes should receive a portion of the revenue generated by their sports, promoting a sense of partnership and fairness.
Increased Transparency: Greater transparency and disclosure in NIL deals, especially those involving collectives and boosters, could help prevent conflicts of interest and ensure accountability.
Enhanced Educational Resources: Providing athletes with more educational resources and support can help them navigate NIL opportunities and make informed decisions about their careers.
These proposals, along with the possibility of unionization, offer potential solutions to the challenges posed by NIL.
By exploring these options and engaging in open dialogue, we can work towards a more equitable, transparent, and sustainable NIL landscape that benefits both athletes and universities.
NIL is a game-changer, and we're just beginning to see its full impact. It's an exciting time for college sports, but also a time of uncertainty and challenges. As NIL continues to evolve, it's crucial to address the issues, find solutions, and ensure that all students, regardless of their athletic abilities, have the opportunity to succeed.
But beyond the wins and losses, beyond the highlight reels and endorsement deals, we have a responsibility to these young athletes. We have an obligation to ensure that NIL doesn't become a system where teenagers are exploited or taken advantage of. We need to demand transparency, accountability, and a level playing field.
As I watched the CFP championship game this week, I was struck not just by how much money the players were making on the field, but by how much power those players now have to reshape the game. It's their game, and it's our responsibility to ensure they have the support and guidance they need to navigate this new era. Our institutions – at every level – owe it to one another to come together to create a fair, transparent, and sustainable NIL landscape that benefits everyone involved in the game.
Suggested Reading & Resources:
National Collegiate Athletic Association. v. Alston, 141 S. Ct. 2141 (2021)
Johnson v. The National Collegiate Athletic Association, No. 22-1223 (3d Cir. 2024)
National Conference of State Legislatures (NCSL): Student-Athlete Compensation Legislation Tracker
Opendorse: NIL Connection Platform
NCAA NIL Assist: Educational materials, resources, and insights
