How Name, Image, Likeness is Transforming the Sports Landscape

Name. Image. Likeness. 

In July 2021, three words converged into landmark legislation that has had widespread implications in the entire sports landscape. In fact, you could make the argument that this landmark is one of the biggest things to shape the college sports landscape, and one of the year’s biggest sports stories. 

For as long as there’s been college sports, there have been strict rules that have centered around the concept of amateurism and the NCAA’s belief of what constitutes a student-athlete. Athletes taking monetary compensation for anything proved to be a serious infraction, resulting in loss of eligibility or even suspension because the NCAA believed that an athlete should remain an amateur and that receiving monies would cross into “professional” territory. Before the arrival of NIL, athletes were compensated with scholarships and stipends and they could face penalties or loss of eligibility for doing many of the things that are now acceptable with NIL, including selling merchandise, receiving free products, or even accepting a free lunch. 

Let’s put a contemporary spin on this topic. A few years ago, UCLA gymnast Katelyn Ohashi completed a floor routine that went viral, garnering more than 100 million views. She didn’t make a single penny off of that but with NIL, she would have had the green light to work out sponsorship deals on social media channels or sign endorsement deals that could leverage the virality of that video. 

Origins of NIL Started Years Before 

If you’re a college basketball fan, you’ll probably recall Ed O’Bannon. A power forward for UCLA, he led the Bruins to a National Championship in 1995 and his success on the court led him to become the ninth pick in the NBA Draft, selected by the New Jersey Nets. 

While O’Bannon only played two years in the Association, it was his role as lead plaintiff in the landmark court case O’Bannon v. NCAA that started to pivot how athletes are compensated not only for their success playing, but how they can leverage their likeness. O’Bannon filed the lawsuit on behalf of all Division I football and basketball players, arguing they should be entitled to compensation for how the NCAA makes money off of their image and likeness. 

August 8, 2014, a judge ruled that the NCAA withholding payments to players was a violation of anti-trust laws. 

Essentially, O’Bannon started the legislative path forward for everything that encompasses NIL today. Although he is the primary face behind the lawsuit, he credits a 2019 episode of “The Shop” with LeBron James as a pivotal moment when the discussion of the lawsuit helped catapult many of the recent NIL movements. 

O’Bannon also seems happy that athletes are able to profit off their likeness, but doesn’t want to savor the credit despite his unique role in helping move it forward. "I know people are excited for college athletes to be able to use their NILs. I'll keep up, check them out and see what they're doing, but again, my job is done," he said. 

What is NIL? 

Broadly, NIL allows for college athletes in any of the three major divisions to take advantage of opportunities to benefit from the use of their name, image, and likeness. 

Types of NIL Activities Athletes can Benefit From 

There are a number of ways athletes can earn money based on their likeness including: 

• Sponsored posts on social media channels
• Sponsored posts on video platforms like Twitter and YouTube
• Licensing deals or rights 
• Creating content
• Posting content 
• Signing autographs 
• Selling merchandise
• Summer or training camps 
• Appearances or livestreams 
  

A number of savvy marketers at restaurant and retail chains reached out to athletes to sign NIL deals. Popular chicken chain Raising Cane’s partnered with LSU quarterback Myles Brennan and Texas A&M running back Isaiah Spiller to promote their famous chicken fingers and Texas Toast. 

What the NIL Policy Allows for Collegiate Athletes 

According to the NCAA, the NIL policy stipulates these guidelines for college athletes, recruits and their families and member schools: 

• College athletes can participate in NIL activities provided they’re consistent with the law within the state where the college is located. 
• Colleges and universities can be a resource for questions regarding state law.
• College athletes can leverage the services of professional organizations to help engage and manage NIL activities. 

Notably, there are some rules and regulations in place that are guidelines of what an athlete cannot do with an NIL, including: 

• An athlete cannot accept any form of payment or a kickback during the selection process of the school they’ll attend. 
• Some schools can have oversight on an NIL, especially if there’s competition over deals the college already has in place. 
• An athlete cannot use their college logo or any university trademarks in their NILs. 

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NILs in Action 

Now that you have a little understanding of what NILs are, let’s check out some in action. 

Here are some college athletes that are making the most of NIL deals: 

• The Cavinder Twins—Hanna and Haley—are college basketball players at Fresno State and have built a sizable social media following. On the first possible day they could sign an NIL, they had lined up two deals, including Boost Mobile who can leverage the twins four million followers on Instagram and TikTok. If you go by the estimated gross income for the average social media influencer, which is around 80 cents per follower—that means the Cavinder Twins could be looking at a few million annually. “We aren’t at a Power Five school, we aren’t football players — it kind of shows that any athlete can benefit from this if this is something you want to do,” Hanna Cavinder said. “You can have just as big of an impact as a football player could.”

• The UNLV basketball team signed an NIL which gives players a $500 monthly car allowance through Findlay Toyota. This is notable in the history of collegiate sports because four decades ago, the same team was accused of NCAA infractions, one of them related to a local car dealership which allowed a player to use a vehicle. 
• Gable Stevenson is an NCAA champion and an Olympic gold medalist. Now, his unique NIL allows Stevenson to return to his University of Minnesota to wrestle for his senior year while also being able to officially join the WWE. 

Future Looks Bright for Athletes & NIL 

According to a platform that manages compliance for NIL deals, the average division 1 athlete is compensated $1,256. 

This is a watershed moment for college athletics and has opened the doors for innovative and creative ways for athletes to make money and brands to capitalize on the popularity and social influence of athletes. 

The NCAA has always prided itself on seeing the thousands of athletes who will not go pro graduate from school and head into the professional world. With NIL opportunities, the vast majority of these athletes will be able to think about their professional career now, and build the foundation for the work they’ll be doing long after their playing days are over.