June 2, 2021 | less than a minute read

Re NIL deals and disclosure

Taylor English

Various NIL bills and proposals seem to be all over the place when it comes disclosure of licensing or endorsement deals - e.g., what are athletes are supposed to divulge to their schools (or third parties) and what then happens to that information.

Many state bills are vague, and federal bills run the range from being silent on the issue to requiring disclosure to the FTC.

Keep in mind, NIL opportunities opens up July 1 (yes, next month) at least for student-athletes in the six states whose law goes into effect on that date. The majority of those leave it up to the schools to determine the specifics of disclosure.

The dilemma over what institutions and the wider world should know about college athletes’ newfound take-home pay entails concerns ranging from privacy rights and safety, to institutional liability and team camaraderie. “As with a lot of issues, compare the regular university student to a college athlete, and if a university student strikes an endorsement deal or has an Instagram endorsement arrangement, they don’t have to disclose anything,” said Tim Nevius, a former NCAA enforcement official who now works as a college athlete lawyer and advocate. “Starting from that point, we should ask the question of why there is a difference.”