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Topic: California Asembly passed bill to allow players likeness compensation

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utee94

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #126 on: October 02, 2019, 08:18:40 AM »
The counter to that though is the same is true for someone there on an academic scholarship and they aren’t punished by anyone if they earn a little extra money for their image and likeness being used.

Fair enough, but the counter to THAT is that it's not really an apples/apples comparison.

I attended college on a full 4-year academic scholarship.  I could have-- legally and without violating any NCAA rules-- used my image and likeness to gain endorsement money.  However, my image and likeness had no market value, so it's not actually a tangible benefit that could have aided me.  In your scenario, the athletes are certainly having a potential benefit removed from them by the NCAA rules, but it's not a benefit they would realistically be able to enjoy as an average non-athlete student on an academic scholarship.

As a Free Market purist, I'm okay with restoring this benefit to the athletes, but I think we all need to be clear when we say "any other student could do it" that this is not a realistic or true statement, because the image and likeness of an average student has no market value.

NorthernOhioBuckeye

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #127 on: October 02, 2019, 08:19:19 AM »
As I am now a lawyer, I am looking for those here that are to help me with a question. What exactly does this California bill do? AS far as I know, it is not currently illegal (from a legal standpoint, not an NCAA standpoint) for a player to profit from their likeness. It only becomes an issue with the NCAA as far as their eligibility to compete in a sport for a member institution. From what I can tell, this is really a meaningless bill. I don't know of any local or federal laws that would currently prohibit a player from doing that now. But if they are caught, they are ruled ineligible by the NCAA. I don't think a bill passed in California can tell the NCAA they have to change their rules. 

Please correct me if I'm wrong here.

Cincydawg

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #128 on: October 02, 2019, 08:26:10 AM »
Great minds ... the new bill prevents the state universities from penalizing a player who uses this tactic.

That is really the law (as of 2023).

Kris60

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #129 on: October 02, 2019, 08:29:12 AM »
Fair enough, but the counter to THAT is that it's not really an apples/apples comparison.

I attended college on a full 4-year academic scholarship.  I could have-- legally and without violating any NCAA rules-- used my image and likeness to gain endorsement money.  However, my image and likeness had no market value, so it's not actually a tangible benefit that could have aided me.  In your scenario, the athletes are certainly having a potential benefit removed from them by the NCAA rules, but it's not a benefit they would realistically be able to enjoy as an average non-athlete student on an academic scholarship.

As a Free Market purist, I'm okay with restoring this benefit to the athletes, but I think we all need to be clear when we say "any other student could do it" that this is not a realistic or true statement, because the image and likeness of an average student has no market value.
I agree with your overall point but advertisers use people for their looks as much as their fame.  If a good looking volleyball player wants to make a few bucks modeling or doing an ad for a local business she can’t.  If a good looking chick there on an academic scholarship wants to do the same she can.  But I concede there probably aren’t a lot of kids doing that.

utee94

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #130 on: October 02, 2019, 08:31:58 AM »
As I am now a lawyer, I am looking for those here that are to help me with a question. What exactly does this California bill do? AS far as I know, it is not currently illegal (from a legal standpoint, not an NCAA standpoint) for a player to profit from their likeness. It only becomes an issue with the NCAA as far as their eligibility to compete in a sport for a member institution. From what I can tell, this is really a meaningless bill. I don't know of any local or federal laws that would currently prohibit a player from doing that now. But if they are caught, they are ruled ineligible by the NCAA. I don't think a bill passed in California can tell the NCAA they have to change their rules.

Please correct me if I'm wrong here.

Honestly, not trying to be a jerk at all, but I'd suggest you go back and re-read this thread in its entirety, because we've discussed this from a few angles.  And the other thread that bwar started also has some interesting nuggets.

To sum up, though, you are correct that the state of California can't dictate the NCAA rules.  It can, however, control the actions of the schools within its state boundaries.  This law is saying that universities within the borders of California-- UCLA, for example-- cannot deny any athlete from getting compensation from a 3rd party for using his image and likeness in endorsements, for his own profit.  So although it's against NCAA rules, UCLA can't deny its own student athletes this benefit.  Even if UCLA wanted to, they're in violation of California state law if they attempt to comply with the NCAA rules.  So UCLA has to accept athletes that are being paid 3rd party endorsements, they are legally bound to do so.

The logical progression, then, is that either the PAC (because not all PAC members are in California), or the NCAA itself, would have to suspend a California school for violating and NCAA policy.  At that point, though, the PAC or the NCAA are entering dangerous territory and exposing themselves to antitrust prosecution, among other potential problems.  The NCAA can posture and bluster as much as it wants, but there's no way they actually want to end up in court against the state of California, or the Federal government.

Add to it that other states are considering similar legislation and the NCAA's footing becomes even more precarious.  I really don't see how they're going to survive this if they insist on maintaining the status quo.


847badgerfan

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #131 on: October 02, 2019, 08:32:08 AM »
Fair enough, but the counter to THAT is that it's not really an apples/apples comparison.

I attended college on a full 4-year academic scholarship.  I could have-- legally and without violating any NCAA rules-- used my image and likeness to gain endorsement money.  However, my image and likeness had no market value, so it's not actually a tangible benefit that could have aided me.  In your scenario, the athletes are certainly having a potential benefit removed from them by the NCAA rules, but it's not a benefit they would realistically be able to enjoy as an average non-athlete student on an academic scholarship.

As a Free Market purist, I'm okay with restoring this benefit to the athletes, but I think we all need to be clear when we say "any other student could do it" that this is not a realistic or true statement, because the image and likeness of an average student has no market value.
Some of the athletes being discussed wouldn't even be going to school if they weren't athletes. But, that's not a benefit, I guess?
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utee94

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #132 on: October 02, 2019, 08:35:29 AM »
I agree with your overall point but advertisers use people for their looks as much as their fame.  If a good looking volleyball player wants to make a few bucks modeling or doing an ad for a local business she can’t.  If a good looking chick there on an academic scholarship wants to do the same she can.  But I concede there probably aren’t a lot of kids doing that.

Hey, I was a good looking kid on an engineering scholarship, why didn't Red McCombs Pontiac/GMC offer ME money for endorsing their products???? ;)

Looks are important, but it's the recognition they're actually paying for.  And the association with something a potential customer views as positive, like a winning volleyball team for Big Money U.

utee94

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #133 on: October 02, 2019, 08:39:23 AM »
Some of the athletes being discussed wouldn't even be going to school if they weren't athletes. But, that's not a benefit, I guess?
Hey, I hear you.  I'm just exploring the details from an academic/scientific view.  I do consider being in school to be a benefit, and especially if one would not have been able to attend school without the athletic ability.

Brutus Buckeye

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #134 on: October 02, 2019, 08:44:16 AM »
Marshall had a VB player that had like 20 billion instagram followers. So she figured out a way to profit off of her likeness. 
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OrangeAfroMan

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #135 on: October 02, 2019, 08:46:21 AM »
I agree with your overall point but advertisers use people for their looks as much as their fame.  If a good looking volleyball player wants to make a few bucks modeling or doing an ad for a local business she can’t.  If a good looking chick there on an academic scholarship wants to do the same she can.  But I concede there probably aren’t a lot of kids doing that.
Yeah, you can't tell me that all of those girls in "Naughty Coeds 69" weren't athletes.  Rule-breakers!  Spankings, all-around!
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OrangeAfroMan

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #136 on: October 02, 2019, 08:47:07 AM »
Marshall had a VB player that had like 20 billion instagram followers. So she figured out a way to profit off of her likeness.
Florida had one, too.  She was from Puerto Rico I think.  Short, but lovely.
“The Swamp is where Gators live.  We feel comfortable there, but we hope our opponents feel tentative. A swamp is hot and sticky and can be dangerous." - Steve Spurrier

OrangeAfroMan

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #137 on: October 02, 2019, 08:48:07 AM »
Hey, I was a good looking kid on an engineering scholarship, why didn't Red McCombs Pontiac/GMC offer ME money for endorsing their products???? ;)

Looks are important, but it's the recognition they're actually paying for.  And the association with something a potential customer views as positive, like a winning volleyball team for Big Money U.
Imagine 80,000 people watching you, on baited breathe as you do your exam....no thanks, lol.
“The Swamp is where Gators live.  We feel comfortable there, but we hope our opponents feel tentative. A swamp is hot and sticky and can be dangerous." - Steve Spurrier

Cincydawg

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #138 on: October 02, 2019, 08:51:13 AM »
To sum up:

1.  A law of this ilk appears probable to be passed in multiple states and eventually Federal.
2.  The core of it prevents the school from penalizing a player for being compensated for use of his likeness etc.

Do I have that right, as from details like hiring an agent?



NorthernOhioBuckeye

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Re: California Asembly passed bill to allow players likeness compensation
« Reply #139 on: October 02, 2019, 09:01:18 AM »
Honestly, not trying to be a jerk at all, but I'd suggest you go back and re-read this thread in its entirety, because we've discussed this from a few angles.  And the other thread that bwar started also has some interesting nuggets.

To sum up, though, you are correct that the state of California can't dictate the NCAA rules.  It can, however, control the actions of the schools within its state boundaries.  This law is saying that universities within the borders of California-- UCLA, for example-- cannot deny any athlete from getting compensation from a 3rd party for using his image and likeness in endorsements, for his own profit.  So although it's against NCAA rules, UCLA can't deny its own student athletes this benefit.  Even if UCLA wanted to, they're in violation of California state law if they attempt to comply with the NCAA rules.  So UCLA has to accept athletes that are being paid 3rd party endorsements, they are legally bound to do so.

The logical progression, then, is that either the PAC (because not all PAC members are in California), or the NCAA itself, would have to suspend a California school for violating and NCAA policy.  At that point, though, the PAC or the NCAA are entering dangerous territory and exposing themselves to antitrust prosecution, among other potential problems.  The NCAA can posture and bluster as much as it wants, but there's no way they actually want to end up in court against the state of California, or the Federal government.

Add to it that other states are considering similar legislation and the NCAA's footing becomes even more precarious.  I really don't see how they're going to survive this if they insist on maintaining the status quo.


As for your first comment, I didn't take it that you were being a jerk. I don't get to this board as often as I like and generally don't have time to read through the entire thread. I read the last couple of pages and it occurred to me that it seems highly unlikely that it is currently illegal for a college athlete to make money on their likeness, hence the question. But thanks for the explanation, you summed it up nicely. Thanks



 

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