By Derek Pham
Fall 2023
Significant change is taking place in the college sporting landscape, and the question that has been leading all the controversy is: should college athletes be paid? With the introduction of NIL in recent years, a system that promotes the marketing of college athletes, the NCAA has been posed with a challenging task. What all Cowboy fans are wondering is whether NIL is truly advantageous for our Oklahoma State University (OSU) athletes or if it might be causing more harm than good.
The age-old debate in college sports centres on whether athletes should be paid. While perspectives vary across American programs, the consensus is on the importance of fair and equal opportunities. Advocates argue that athletes, especially in prominent sports like football and basketball, contribute substantially to university revenue. They insist on allowing athletes to capitalize on their marketability and talent while maintaining their amateur status. They acknowledge that many athletes could excel professionally outside of college sports, hence, compensating them wouldn’t create inequalities but bridge the gap between college sports and the real-world professional environment. On the opposing side, concerns arise that paying athletes could undermine the concept of amateurism, emphasizing love for the sport and education over financial gain. Worries about an uneven playing field and potential exploitation by sponsors prompt questions about fair compensation without compromising the integrity of college sports. The ongoing debate revolves around balancing athletes’ economic status with the need to preserve amateurism.
In recent years, the emergence of NIL (Name, Image, and Likeness) has challenged the key concept of collegiate sports. Effective since July 1, 2021, it has transformed the college sporting landscape, allowing student-athletes to earn money. This shift follows a landmark lawsuit in the late 2000s between Ed O’Bannon, a former UCLA basketball player, and the NCAA. His team argued that by not allowing athletes to benefit from revenues produced from their representation in broadcasts and video games they were breaking US laws. After the case, the judge ordered the NCAA to pay upwards of $44 Million to Ed O’Bannon and his lawyers. This had opened many doors towards the exploitation of the NCAA regarding Name, Image and Likeness. (Everything You Need to Know About NIL, n.d.)
NIL deals involve developing a personal brand for athletes, considering their social media presence, competition demeanour, and charisma. The proposition of NIL allowed athletes to capitalize on their popularity, by signing endorsement contracts, promoting products, and engaging in various commercial activities beyond scholarships. Personal brand is essential for athletes when targeting these deals and contracts. These days there are many platforms where sporting fans are encouraged to support their favourite collegiate athletes. The most obvious is sports betting, however, the start of fantasy leagues and various gaming sites has facilitated the growth of NIL. They allow fans to choose teams consisting of their favourite athletes and interact with live results competitively.
The steps the NCAA has made towards regulating NIL have also been a major factor in its recent growth. It represents a positive movement towards recognizing the value that athletes bring to the collegiate sports industry by empowering them to benefit financially from their unique skills and personal brands. However, the evolving nature of rules and regulations has still posed a considerable challenge for athletes, as there remains a substantial grey area in terms of receiving payments during college. Although the overarching commitment of the NCAA is to ensure ‘safe, fair, and inclusive competition’, caution is advised in deal negotiations to all athletes. In February 2023 Miami Women’s Basketball was placed on probation following the “Cavinder’s” meeting with a booster before their transfer from Fresno State to the Hurricanes. (Reynolds, 2023). This is an example of a violation caused by misunderstandings regarding the NCAA’s standpoint on NIL contracts.
Due to rising implications associated with NIL, collegiate sporting fans, especially OSU supporters are wondering if the benefits outweigh the repercussions. At OSU we have many athletes receiving high-paying NIL contracts such as Ollie Gordon, Collin Oliver, Tori Ortiz and many others. Something that must be considered when evaluating the impact NIL has had on their collegiate careers is the effect of added responsibility. New obligations now include: working with compliance, managing legal contracts and receiving media consultation. Here is Attie Jamison’s perspective; she is a student here at Oklahoma State University and a member of the “Brand Squad”. She gives her insight into the challenges student-athletes face when juggling school, sporting and entrepreneurial commitments. “It could become an issue”. But, as NIL continues to grow so are other universities. “At Oklahoma State, we have the brand squad… what we do is help all athletes across every sport manage their NIL. Just as much as NIL is changing and developing, so are other universities and students learning to change with it…” (Jamison, 2023)
The rise of social media platforms and the subsequent ability of athletes to brand themselves easily and effectively provide an opportunity to examine the NIL value of student-athletes at the individual level. For the individual athlete, social media represents a cost effective and wide-reaching mechanism to communicate with large volumes of consumers (Geurin, 2017). Platforms such as Instagram and Twitter enable athletes to gain followers, engage their audience, and monetize through sponsorships. For example, former University of Alabama quarterback Tua Tagovailoa could earn over $25,000 per sponsored Instagram post he uploads and consequently advertises to his followers. The rise of social media platforms and the subsequent ability of athletes to brand themselves easily and effectively provide an opportunity to examine the NIL value of student-athletes at the individual level. For the individual athlete, social media represents a cost effective and wide-reaching mechanism to communicate with large volumes of consumers (Geurin, 2017). Platforms such as Instagram and Twitter enable athletes to gain followers, engage their audience, and monetize through sponsorships.
A recent study by Kunkel supports this claim and emphasizes NIL as an advantageous financial opportunity for student-athletes. The research paper discusses the positive impact of social media on collegiate athletes and how these platforms can effortlessly and efficiently establish their brand. “The rise of social media platforms and the subsequent ability of athletes to brand themselves easily and effectively… Platforms such as Instagram and Twitter enable athletes to gain followers, engage their audience, and monetize through sponsorships. For example, former University of Alabama quarterback Tua Tagovailoa could earn over $25,000 per sponsored Instagram post he uploads and consequently advertises to his followers.” (Kunkel, Baker, Baker, & Doyle, 2021, pp. 5-6)
However, there are many sources out there that contradict NIL as a positive force in collegiate sports. They argue that the idea that greater financial opportunities will take away from schools with smaller media presence causing unnecessary movements in the transfer portal. Schools must now invest more money into support services such as the “OSU Brand Squad” to accommodate the needs of athletes who can’t manage their businesses. The following exert published on Forbes by Terence Moore highlights another key issue regarding the selective nature of NIL. “Nothing sinks a college football or basketball team faster than dissension in the ranks. Contrary to popular belief, only a handful of players will get paid through these NIL deals. That will leave a whole bunch of athletes rolling their eyes in the corner of locker rooms over the quarterback (or the point guard) pocketing something to their nothing.” (Moore, 2021)
Personally, as an OSU athlete and member of the Cowboy Tennis program, I have not been impacted by the introduction of NIL. I feel that the nature of these contracts is limited to only “high-profile” sports such as football as mentioned in the article by Moore; often sports like tennis are overlooked. However, I fully support NIL, with the whole concept based around building a personal brand, there is nothing stopping athletes from “lesser” sports such as myself from signing grand deals. Is my media presence something I am working on? Yes. Is it my goal in college tennis to get an NIL contract? No. Despite the significant financial opportunities presented by NIL, I believe it is crucial to prioritize sporting excellence. Contracts will only appear after initial success; this is when you can capitalize, ensuring you’ve earned the contract rather than seeking it through alternative methods. This is why NIL has gained a controversial reputation, as athletes may be tempted by the appeal of popularity, diverting their focus from genuine athletic achievements. This doesn’t mean you can’t achieve success in NIL solely based on appearance and personality; it’s just more challenging than it may appear.
Amid the ongoing debate on whether college athletes should be paid, the introduction of NIL has brought about a significant transformation in the college sports landscape, particularly at Oklahoma State University (OSU). The question of whether NIL is truly advantageous for OSU athletes or potentially causing more harm than good looms in the minds of Cowboy fans. Advocates and critics both present strong arguments but with the ever-changing rules and regulations mandated by the NCAA, I’m sure there will be many more discussions. The future at OSU with NIL appears promising, marked by the establishment of support services such as the “OSU Brand Squad” and a growing number of student-athlete contracts. There is much to be excited about in the realm of collegiate sports in Stillwater. As an OSU tennis athlete, the direct impact of NIL may not be immediately evident but I am hopeful that we can forge a path in “Name, Image and Likeness” with the support of the school and the success of “Cowboy Tennis.”
Works Cited
Everything You Need to Know About NIL. (n.d.). Retrieved from Icon Source : https://iconsource.com/everything-about-nil/#:~:text=NIL%20can%20trace%20its%20origins,and%20image%20in%20video%20games.
“Jamison, A.” (2023, November 11). NIL at OSU . (D. Pham, Interviewer)
“Kunkel, T., Baker, B., Baker, T., & Doyle, J”. (2021, June ). There is no nil in NIL: Examining the social media value of student athletes’ names, images, and likeness.
“Moore, T”. (2021, July 6). NCAA Had No Choice, But NIL Rule Will Damage College Football And Basketball. Retrieved from Forbes: https://www.forbes.com/sites/terencemoore/2021/07/06/the-ncaa-hadnt-a-choice-but-nil-rule-will-damage-college-football-and-basketball/?sh=4f582e7b2c0d
“Reynolds, T”. (2023, February 25). In NIL-era first, NCAA gives Miami probation for violation. Retrieved from AP: https://apnews.com/article/sports-athlete-recruiting-college-miami-hurricanes-katie-meier-6a3a8db49a0add2b0e9ad453419b66bf
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