Waiting for the NFL season to commence, I watched college football this past weekend. I wanted to know about Deion Sanders, Travis Hunter and the NIL rule.
Travis Hunter, Colorado, and 1st year coach Deion Sanders all made compelling story lines as the Buffaloes upset heavily favored TCU. The story line that captured my attention the most was that Hunter, a talented cornerback as well as wide receiver, who many have labelled as a “once in a generation player” makes closed to $2 million playing ball under the collegiate NIL rule.
NIL – Name, Image and Likeness is a ruling that allows college athletes to profit from their name, image and likeness while maintaining NCAA eligibility. The NIL rule stems from former UCLA basketball Ed O’Bannon’s 2009 lawsuit against the NCAA for using player likeness in video games without compensation. O’Bannon played college basketball for UCLA from 1991 to 1995, and was drafted 9th overall by the New Jersey Nets. Playing for multiple teams, O’Bannon had a four-year career.
Ed O’Bannon sues the NCAA
O’Bannon sued the NCAA in 2009 for continuing to use the likeness of former student athletes in video games and merchandise without compensation. Specifically, O’Bannon noticed his likeness being used in NCAA basketball video games long after his collegiate career had ended. O’Bannon’s case challenged the NCAA’s treatment of college athletes as amateurs. After several years of shifting through the court system, a federal judge ruled that the NCAA’s policies around amateurism violated antitrust laws.
The landmark decision opened up other law cases, and in 2019 the California Fair Pay to Play Act made it illegal for California colleges to deny athletes payment for use of their name, image and likeness. Dozens of other states soon after drafted and approved bills stating the same. Since 2021, in most states, athletes can earn money through endorsements, sponsorship deals, paid appearances, autographs or other activities. Payment to the athlete must come from a third-party company, and not the university. The athlete cannot use the logo or copyrighted material of the school in an endorsement. And alcohol, tobacco or gambling products cannot be promoted.
NIL Rule
At quick glance, one thinks that the top athletes have the most to gain by such a policy. Perhaps. Hunter figures to make $1.7M this year. Bryce Young, the star quarterback out of Alabama, and this year’s top draft choice, made $3.5M last year due to the NIL rule. Basketball stars Hanna and Haley Cavinder have earned over $1 million in endorsements with companies such as Boost Mobile. Other athletes, many, not in the spotlight for excellence in sports have benefitted. University of Oregon soccer player Sedona Prince, has 2.5 million followers of TikTok, and 43 thousand followers of X, has parlayed her popularity into multiple brand deals, while LSU gymnast Olivia Dunne has become a millionaire a well.
Florida State Dillan Gibbons last year used the NIL opportunity to raise money to donate to a children’s hospital in Tallahassee. The offensive lineman will continue his altruistic work with the program this year.
If the Colorado Bisons have continued success this year (the team only won one game last year) Travis Hunter’s bank account will grow accordingly. But it’s not just the big-time players who can benefit from the NIL program.
Barry Schustermann
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