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Looking At NCAA Allowing Student Athletes to Profit from Publicity Rights

By Michael T. Seeburger
September 01, 2021

Amidst pressure from sweeping legislation across the country, and still reeling from a major loss at U.S. Supreme Court, the National Collegiate Athletic Association (NCAA) suspended all rules prohibiting student athletes from profiting off their name, image and likeness (NIL), effective July 1, 2021.

For decades, the NCAA prohibited student athletes from profiting from their NIL, but the seismic shift in policy opens the door to a whole new era for amateur athletics. As a brand new industry emerges where student athletes are permitted to contract with third parties to sponsor, endorse or publicly support a brand, product or company, what happens next?

In some of its most profitable years, the NCAA has reported annual revenue hovering at or around $1 billion per year for tournaments, marketing, endorsements, ticket sales and television contracts. The idea of profiting from NIL in higher education is not exactly a novel concept — coaches, colleges, universities and the NCAA have done it for years. However, under the NCAA's now-former policy, any outside income related to NIL paid directly to student athletes was strictly prohibited. In fact, student athletes found to have accepted compensation or endorsed a brand or product have had awards rescinded, records erased and team victories retroactively vacated. Considering the draconian sanctions imposed for these violations, what led to this complete reversal in policy?

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