NIL and Sports
Photo courtesy of Emma Silberman
I am an international student from Africa. When I came to the US, I was immersed in the country's vast culture and norms. One of the most puzzling American norms I’ve experienced is the popularity of college sports. Back in Ethiopia, colleges are treated as places for higher knowledge and nothing more. However, in the US they take sports seriously. They have big stadiums for their players and they sell out their games. After some time, I started to get into college sports and the community. I was shocked to learn that these beloved athletes weren’t permitted to capitalize on their fame because the NCAA didn’t allow their players to participate in NIL deals. That was until July 2021 when the NCAA permanently changed its rules and athletes began signing endorsement and sponsorship deals.
Name, Image and Likeness
What is NIL? Name, Image, and Likeness is a term that refers to a person’s legal “right of publicity”—their exclusive right to benefit from the use of their name, likeness, or image for commercial or promotional purposes, including the capacity to accept sponsorships and endorsements from other parties (Cohen, Colon, Tuzzo, & Padden). NIL is a mechanism by which college athletes are permitted to get financial compensation in exchange for permitting others to use their name, image, and likeness for commercial or promotion purposes. “This can involve signing autographs, endorsing products, posting on social media, and more” (Everything you need to know about nil 2022).
The NIL policy adopted by the NCAA (1) permits athletes to partake in NIL activities as long as they comply with the laws of the state where their school is located, if their state has such laws; (2) requires schools to ensure athletes comply with these state laws; (3) permits athletes to use agents and other service providers like One Maryland Collective, discussed below, to help them with NIL activities; and (4) requires athletes to report their NIL activities in compliance with state law and/or the rules set forth by their schools and conferences (NCAA Name, Image, Likeness Rule).
UCLA quarterback Chase Griffin is a two-time winner of the National NIL Male Athlete of the Year award and has inked nearly 40 NIL deals, each ranging from four figures to nearly six figures (CNBC). Not all college athletes can benefit from NIL in the same way, however. While prominent athletes at well-known colleges and universities may be able to make significant financial gains from NIL, less well-known athletes who play for smaller or less prestigious schools or sports may not earn much through NIL activities.
Emma Silberman
We spoke to Emma Silberman to gain her perspective and first-hand experience on NIL deals. Emma is a graduate student at the University of Maryland and was a member of Maryland’s women’s gymnastics team. She qualified for and competed in vault at the 2024 NCAA Championships. Emma engages in NIL activities, and promotes brands on her Instagram.
We asked Emma how she navigates the landscape of NIL rules. She explained the steps and highlighted the role of Opendorse. Opendorse is an athlete marketplace and NIL technology company that advises athletes and helps brands and athletes connect on NIL opportunities via their platform.
Emma explained how her university helped provide education on NIL and financial literacy, and indicated she enjoyed her NIL opportunities.
Chris Weiner and One Maryland Collective
A surge of startups and well-established businesses have rushed in to assist colleges, student-athletes, and brands in managing NIL issues and avoiding pitfalls. One Maryland Collective is an NIL organization serving student-athletes at the University of Maryland. Through NIL opportunities, athletes can engage in charitable initiatives and business ventures, and the Collective connects athletes with businesses and charities. “One Maryland Collective connects these student-athletes with a wealth of opportunities to earn compensation while furthering their professional and personal development” (What we do).
Chris Weiner is the Executive Director of One Maryland Collective, and oversees Name, Image and Likeness (NIL) efforts benefitting 20 sports and 500+ student-athletes at the University of Maryland. He works to develop corporate partnerships that lead to athlete NIL opportunities. Previously, Chris served as the Senior Manager of Corporate Partnerships with the Washington Nationals.
Chris explained what One Maryland Collective is and does.
We asked Chris about how student-athletes are educated about the complexities of NIL, and he explained One Maryland Collective’s efforts, including education on media training, and content creation.
Chris described the range of legal obligations surrounding NIL, including state regulations, NCAA guidelines, and university rules.
Finally, Chris provided his perspective on the future of NIL and One Maryland Collective amidst evolving NIL regulations.
References:
Cohen, S., Colon, R., Tuzzo, A., & Padden, A. (n.d.). Name, image, and likeness and its ramifications for student-athletes. Retrieved from https://blackinblue.trinity.duke.edu/name-image-and-likeness-and-its-ramifications-student-athletes-0
Everything you need to know about nil. (2022). Retrieved from https://iconsource.com/everything-about-nil/
NCAA Name, Image, Likeness Rule. Retrieved from https://www.ncsasports.org/name-image-likeness
NIL-era college athletes navigate new realm of financial literacy. CNBC, 2024. Retrieved from https://www.cnbc.com/2024/04/12/nil-era-college-athletes-navigate-new-realm-of-financial-literacy.html
What we do. (n.d.). Retrieved from https://onemarylandnil.com/pages/what-we-do