NIL outside of the box thinking

[ewglenn]

So I was thinking of ways to ensure we do not fall behind more as the portal/NIL are destroying college athletics and making the gap bigger between the P5 and G5. What do you think of this? We create essentially a contract with us and players we’re signing. In that contract if the player signs with us but leaves for a more lucrative NIL deal they owe us a percentage of the amount they get. Example below:

Player plays for MT for 2 years. Becomes an elite talent in CUSA and leaves for the SEC. Player gets 100k in NIL money but owes the BRAA 20k of that. That money would then go into the athletics fund to help fund facilities and other areas for our program. It would weed out some of those looking to use us as a stepping stone. If they do use us then we get some money back (similar to what happens with coaches being poached). I really think that is the innovative ideas we need.

 

[TRUEBLUE73]

They will have to do something like this or football will have a level of play lower than we are now at MT. It would be unbearable.

 

[mtfblue]

So I was thinking of ways to ensure we do not fall behind more as the portal/NIL are destroying college athletics and making the gap bigger between the P5 and G5. What do you think of this? We create essentially a contract with us and players we’re signing. In that contract if the player signs with us but leaves for a more lucrative NIL deal they owe us a percentage of the amount they get. Example below:

Player plays for MT for 2 years. Becomes an elite talent in CUSA and leaves for the SEC. Player gets 100k in NIL money but owes the BRAA 20k of that. That money would then go into the athletics fund to help fund facilities and other areas for our program. It would weed out some of those looking to use us as a stepping stone. If they do use us then we get some money back (similar to what happens with coaches being poached). I really think that is the innovative ideas we need.

will never happen

 

[ewglenn]

will never happen

Why

 

[Sommy]

Maybe if you set it up so the athlete gets something from MT. similar to a coach’s contract. Like we will give your 25K, but if you transfer in the first 3 years of you being on campus, you have to pay 50% back, within 4 years 25% back. Eventually a lot of athletes will be on some sort of “contract” to protect the school. Right now the NIL favors the athlete too much and is destroying the parity of the sport.

 

[JohnDavidBlue]

Umm. How are you going to get the money back.

These kids are judgement proof. They have no assets. You won’t be able to get it back.

Withhold it until one finish the contract terms.

 

[MT01]

Why

Because it disincentivizes the individual from signing with us in the first place. It could only work if you could promise them NIL deals on the front end they won’t get otherwise.

And that then disincentivizes those who would fund NIL deals on MTs behalf because those people or entities doing so are giving money to players who aren’t marketable enough to be getting NIL deals elsewhere resulting in a house of cards.

It sounds like a good idea in theory but doesn’t consider the second and third order effects.

 

[FranklinRaider315]

I ain’t paying’ players. You’ll have college “student-athletes” making more than a GA or a rookie position coach.

 

[Brew_Raider]

I ain’t paying’ players. You’ll have college “student-athletes” making more than a GA or a rookie position coach.

In some cases, they should. How much money did UTK make selling Peyton Manning or Florida make off Tebow selling NIL jerseys, shirts, etc.?

There is no such thing as a student-athlete. It’s a made up term by the NCAA to avoid paying for athlete’s injuries on a workers comp claim in the 1950s.

Then the NCAA became a billion dollar industry and pocketed millions using that term to break the law. It’s amazing it was allowed as long as it was.

I have no problem with a school stopping at a scholarship/stipend for the athlete to play at the school. However, if you are going to sell a jersey with my name on it, I expect you to follow the law and compensate me for it. And I should be able to make money off my NIL with companies outside the university as I see fit.

There’s a reason the SCOTUS unanimously voted against the NCAA.


On the original post, MT01 is right. Limiting a NIL deal with a compensation payback would never work.

 

[MTFAN61]

1st thing I would want to post concerning NIL is I am a complete amateur & novice as to how the whole thing even supposedly works. Via some morning research I have discovered we do have the Blue Raider Exchange Collective. After reviewing a UT Collective website I see this includes over 1,000 members, presumably a combo of businesses either small, medium, or large that have already collected over $3.5 million to be allocated to its athletes. Are we in that league? No of course not, not even close. However, I'm sure there are a number of Gomiddle.com posters who are small business owners ie: insurance agents, shop owners, franchise operators, etc. that might be interested in participating in some manner, but are unaware of this program even existing. Question is could the Blue Raider Exchange Collective info be posted as a continual blog at the top of our Gomiddle.com page each time we as old or new members wish to make a post? I've often read that repetition is the key to memory & keeping a specific subject matter in mind for a built upon success. I have no idea how many BRE Collective members there are? 1? 10? 50?, but thought it wouldn't hurt to have this program posted a little more front & center for those interested in participating.
As someone naive & with zero knowledge to the NIL game this may sound dumb, just throwing it out their.

 

[Sommy]

Umm. How are you going to get the money back.

These kids are judgement proof. They have no assets. You won’t be able to get it back.

A legal contract. If a player is leaving for more money they should have money o pay it back. If they fizzle out, quit and never play again the school writes it off. If He’s off to Bama to make 10x what he did here, then pay up.

This is the start of minor league professional football, the contracts will mirror what is out there currently for professionals. If coaches leave before their contract is up, they have to pay a fee to the school they depart.

 

[JohnDavidBlue]

That makes more sense. Big schools have $$$ to lose. 😆

I have tried to sue people with nothing. Easy to win a judgement. Hard to collect it.

That would be interesting on a NIL contract though. As MT01 said, there would have to be other things in play to consider.

A legal contract. If a player is leaving for more money they should have money o pay it back. If they fizzle out, quit and never play again the school writes it off. If He’s off to Bama to make 10x what he did here, then pay up.

 

[MidTennMtneer]

1st thing I would want to post concerning NIL is I am a complete amateur & novice as to how the whole thing even supposedly works. Via some morning research I have discovered we do have the Blue Raider Exchange Collective. After reviewing a UT Collective website I see this includes over 1,000 members, presumably a combo of businesses either small, medium, or large that have already collected over $3.5 million to be allocated to its athletes. Are we in that league? No of course not, not even close. However, I'm sure there are a number of Gomiddle.com posters who are small business owners ie: insurance agents, shop owners, franchise operators, etc. that might be interested in participating in some manner, but are unaware of this program even existing. Question is could the Blue Raider Exchange Collective info be posted as a continual blog at the top of our Gomiddle.com page each time we as old or new members wish to make a post? I've often read that repetition is the key to memory & keeping a specific subject matter in mind for a built upon success. I have no idea how many BRE Collective members there are? 1? 10? 50?, but thought it wouldn't hurt to have this program posted a little more front & center for those interested in participating.
As someone naive & with zero knowledge to the NIL game this may sound dumb, just throwing it out their.

You are absolutely right that it isn't broadcast very much at all that we even have a collective. Another issue is right now it is only businesses. Many collectives have individual memberships as well. I'll harp on this until it is readily accessible. UTSA does it. That is what made Frank Harris stay. WVU has varying tiers of membership that gives you access to special events as well as giveaways each month of player signed merchandise. We absolutely need to get this started yesterday. Get CM, McPhee, and Stock to ask for people to join. And that is allowed now.

I know we are slow at things like that but we have got to get caught up.

With regards to forcing players to give money back, good in theory. But it would be a nightmare to collect. Eventually there are going to be conference managed funds going directly to the players then individual school collectives will handle deals for specific players, who even have to choose to be part of a collective. Not all players are. Some aren't made for being a marketing tool and don't care to. Those types of deals can be handled like a contract. $ up front to appease the player, then more $ as they perform marketing duties like commercials and appearances. If the player transfers, the collective is really only out of the up front $, which if players keep pulling a hat trick will just get smaller with the main money coming from the marketing. In the past you couldn't even have a player appear at a non-profit fundraiser. Now, you can use collective money to pay them for their appearance to help the non-profit raise the money.

But we have to get the collective advertised better. They are operated independently from the school as a partnership. Their own group running it. Legal requirement they are separate from the athletic dept. WVU has Oliver Luck running CRT with former athletes on the board. Their own tent at games, etc. Some schools' collectives buy their own box seats and break up the games to use as giveaways. Give during these dates and be entered etc. I'm not even sure who is running the BRE for us. A better job needs to be done across the board.

Follow Mit Winter @WinterSportsLaw on Twitter. Attorney who follows NIL and everyday posts examples from schools all over the country, NCAA movement, and legal cases that are creating this whole new world. Fantastic follow to learn what is allowed and what isn't.