In my curious and often obtuse mind, I ended up with the question of how do these work together. I know they each stand on their own merit, but wonder if there is some interesting interplay. Let’s say, as a previous poster brought up, that a player is paid by a car dealer for the use of his image or likeness in Fayetteville, but decides to use the portal to transfer to Auburn. The Fayetteville car dealer then sees less value in this arrangement, what happens next. I know the arrangement could be month to month, with the athlete being paid on real time intervals, but not sure how the process is anticipated to work and how detailed or complicated the arrangements might need to be. Is Jimmy Sexton or the likes, licking their lips? Maybe a few lawyers are.
My guess is it’s tied to the number of times a commercial is run, so if I transfer to Auburn, I doubt Lewis Ford will be interested in me in a commercial for them. As you say, the devil will be in the details.
If your taking money from an organization to represent them in a specific market then leave that market, could/would there possibly be lawsuits to recover monies for bad faith in the representation?
I am reminded of the Dos Equis “I don’t always… but when I do” guy. He was paid money to be the image of their product. He always appeared very dapper and refined in his commercials. He was expected to maintain that image anytime in public. He got into a lot of crap when he showed up some place in I think sandals, shorts, and t-shirt. I think lawsuit ensued and that’s ultimately why they got a new guy for a while. Not sure if there was monetary reimbursements or not but something happened.
I just think the NIL is going to open up Pandoras box and we can not even imagine what its going to do. I’m reminded of one of those idiotic congressional statements a few years back “the bill is so big we are just going to have to pass it to find out whats in it.” NIL is going to be like that.
I, too, think it is a very slippery slope, made even slicker with the crafting being done, by bureaucrats, politicians and attorneys. Seems when they try to solve problems or fix things, they often become broken beyond repair. I know there is a lot of concern that the kids are being taken advantage of, and in many ways I understand the sentiment and recognize the magnitude of money involved in college athletics. However, I am more supportive of allowing the athlete to make the choice between college or professional sports, without any age limits or years in school. When the NIL proponents talk about the big money, the huge Coaching salaries, the large sums paid to the NCAA, etc. all are immediately visible. However, it seems that not much conversation addresses the large amount these colleges have invested in facilities and resources that in many ways help develop prospective professional athletes for their next step and showcase such talents.
I have been informed that the college education and education resources available to the athletes should not really count for much, as the athletes are not there for a degree. I really question this and know that a small percentage of the athletes make livings competing in their sport, so hopefully we see numerous young people who got a step up in their lives from the education opportunities provided in exchange for their athletic talent.
my guess is that it will simply be a matter of contract. Whether a player transfers affects the terms of the payment are likely to be negotiated up front. I don’t see this as a big problem–at least not from a legal standpoint.
In my opinion the “deals” made between business and players won’t have a contract. Most if not all will be one off appearances or likeness use. But obviously you’re a lawyer and will have a more informed opinion.
If there are “one off” appearances, the payment will be made for those appearances & won’t be affected by whether a player transfers later. A contract doesn’t have to be long term or even written. “Come to the dealership for an hour to meet my customers & I’ll pay you $x” becomes a contract by the time the kid shows up & meets customers for an hour.
Here’s one scenario I can’t get out of my head: your local car dealer is paying a running back X dollars to represent the dealer in commercials. Running back gets “in Dutch” with the coach for fumbling in critical situations and gets benched. Car dealer cuts off the sponsorship deal with the running back. Player blames coach and hits the portal, looking for a better deal.
Almost like a player hitting the portal because he thinks the coach is holding him back and he is a "bucket
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