107 Iowa L. Rev. 1347 (2022)

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Abstract

The National Collegiate Athletic Association (“NCAA”) regulates the majority of college athletics in the United States. Since its inception, the NCAA has sought to preserve the concepts of amateurism and competitive equity among its member institutions. To that end, the NCAA has prohibited players from receiving compensation beyond their athletic scholarships. These restrictions have recently come under attack by both the states and Congress. Current legislative proposals seek to prohibit the NCAA and member institutions from denying college athletes the ability to profit off of their name, image, and likeness (“NIL”). These proposals have offered varying methods of player compensation, ranging from restricted individual NIL benefits to revenue-sharing models similar to professional sports. In response, the NCAA has since removed any restrictions related to NIL benefits for college athletes, allowing the individual schools to determine the permissible scope of such benefits. This Note offers a framework to maximize NIL rights for college athletes. This framework includes: (1) the formation of a Commission on College Athletics and an independent third party to negotiate NIL contracts on behalf of players; (2) extensive individual NIL rights; (3) comprehensive group licensing and co-branding rights; and (4) a limited exception to the right of publicity in sports broadcasting to grant athletes access to a share of the massive TV contracts that have fueled the growth of college athletics.