The U.S. Supreme Court issued an antitrust decision on June 21, 2021, that sent shockwaves across the college sports landscape. The 9-0 decision in NCAA v. Alston said that National Collegiate Athletic Association’s rules capping the amount schools could pay student-athletes in education-related benefits violate antitrust law. While the ruling itself was narrow, the striking down of some limits on compensation portended increased scrutiny of other NCAA amateurism rules.
On June 30, the NCAA approved an interim policy that allowed student-athletes to make money off their “name, image, and likeness,” (NIL) effective July 1, the same day that some states’ NIL laws went into effect. The interim policy rescinds long-standing rules that prohibited student-athletes from making money through endorsements and other ways of selling and monetizing the rights to their NIL.
The NCAA policy will stay in place until the organization adopts a new rule or Congress passes a federal law. Under the new rules, student-athletes may hire agents, lawyers, and tax advisers to help them navigate the process and must comply with their state’s rules on the subject. However, not all student-athletes will receive endorsement opportunities that would financially justify professional representation. Some may not have families that can provide guidance and advice and otherwise cannot afford an attorney.
Professor Brian Krumm served on the University of Tennessee’s Name Image and Likeness Committee to develop policies and how NIL will be implemented at the university. The athletic department has asked the UT Transactional Clinic to provide counsel to those student-athletes who can’t obtain legal representation. This conference discussion will focus on sharing ideas on how clinics can effectively provide representation to student-athletes in their attempt to monetize their name, likeness, and image.