The NCAA is Gilda Radner on NIL: The Biggest NCAA Revolution Since 1956 — and What the Player Should Do

SATURDAY NIGHT LIVE — Episode 16 — Pictured: Gilda Radner as Roseanne Roseannadanna during “Weekend Update” sketch on April 7, 1979 — (Photo by: NBC/NBCU Photo Bank)

“Oh – NIL? — Never Miiind.”

It’s a revolution.

Since the NCAA unveiled its duplicitous 1956 Scamateurism system, the organization has been a shark, gobbling every single possible economic opportunity (stopping along the way, to reorganize its greedy deceptions under a 2004 ‘Collegiate Model’ rubric.)

But now, after 75% of the states have proposed or adopted new player NIL statutes, which preclude the NCAA shark from eating everything, as they organization and its schools have done since 1978, the NCAA suddenly backed down.

There are, we are told, now no NCAA controls over player NIL. NIL, it appears, has been sent down the same ‘Home-Rule’ route which player safety was funneled-down more than a half-century ago.

Home-Rule? — that means that schools and conferences can do whatever the hell they want, with NIL.

Now everyone’s all wiggy. What’s up now?It’s a revolution, The times they are a changin.’ Nothing’s the same.

Many people have done great work, to get all those state statutes passed. They deserve great praise. They caused a revolution.

Now there is no need for those statutes, most of which are more restrictive that the new NCAA NIL rules. So repeal them. (This is particularly true with respect to those statutes which constrain potential player employment status rights — mark my words, within one year, there will be a P5 player who is found to be an employee.) It’s also true with respect to any statute which purports to control the player’s right to: 1) not report to the school his NIL deals; and 2) do deals directly with Nike, Adidas, or the other apparel suppliers.

Nike and Adidas and the others – and the big time P5 athletic departments — should be very nervous, because the new NCAA NIL rules appear to not regulate the player’s ability to do direct deals with those entities. This jeopardizes most of the long-term contracts which schools have done with those apparel suppliers. (Many of those contracts have, right now, sold player NIL rights, regarding players who are still in the 7th grade.)

All of the Third-Party Entities who have done deals with athletic departments, which purport to authorize them to deal directly with players concerning player use or sale of his NIL should be nervous.

Players should revoke, in writing, by July 1, any NIL waiver he has previously executed — and ask the school to provide him with written new school NIL rules, and a copy of any new NIL waiver the school now might wish to have him sign.

With respect to NIL, the power has shifted to the players.

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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