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Is it time to let college athletes earn money from their image and likeness?
Since California Gov. Gavin Newsom signed the “Fair Pay to Play Act,” which will allow college athletes to be paid for the use of their name, likeness and image, the debate over maintaining the critical distinction for amateur college athletes has reached a natural juncture in today’s business of sports.
My views on this subject are less concerned with whether college athletes should be entitled to some form of payment for endorsements, which I think is inevitable, but rather are more focused on the proper governance for this critical change.
The California law contradicts the current NCAA bylaws, which disallow college athletes from accepting payment for participation in their sport, including the type of third-party endorsements described in the law.
While the NCAA has objected to the implementation of this law based on its substance, it is justified in being equally concerned with the tide of similar and even more far-reaching legislation being proposed by other states. In fact, I believe at least nine other states have introduced some form of legislation providing for college athletes’ compensation, some even requiring their colleges to profit-share.
The inconsistency of all the potentially competing laws will create chaos and open the door to abuse by self-interested parties and “boosters.”
The NCAA is the appropriate legislative body to institute rules regarding college-athlete endorsements. It can craft uniform rules applicable to all enrolled college athletes in a manner that ensures oversight and compliance, restricts conflicts with their schools’ existing agreements and potentially benefits all parties.
The NCAA is uniquely qualified and positioned to adopt appropriate rules governing this issue and create a level playing field.
The California law doesn’t take effect until 2023 and includes a clause that would potentially defer to rules adopted by the NCAA permitting college-athlete endorsements. However, as I indicated, other states might propose legislation that is more aggressive.
The NCAA should be given the opportunity to address this issue at this critical time and should move forward to do so in the best interests of all its constituents.•
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Moroknek is president and CEO of Maingate, a sports marketing and merchandising firm. Send comments to ibjedit@ibj.com.
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