How NIL is Reshaping the Game of College Athletics

 

Just a year after the COVID-19 pandemic turned the face of college athletics upside down, athletes of all sports missed a quarter of their eligibility, an inkling of hope started to waver throughout the community. Early in the 2021 season, the once “talk” of allowing athletes to profit off their Name, Image, and Likeness (NIL) started gaining traction. Plaintiff Alston, including multiple current and former Division I student-athletes, challenged the NCAA in a class action lawsuit concerning the strict and unfair regulations limiting any compensation NCAA student-athletes could receive in exchange for their participation. After months of debate, the case ultimately landed in the hands of the U.S. Supreme Court justices, who, in a unanimous 9-0 vote for Alston, would forever change the landscape of college athletics. Since the ruling in July 2021, it’s safe to say that there has been a revolutionary shift in the world of collegiate sports. 

The Rise of Influencer-Athletes

Student-athletes are now empowered to capitalize on their own personal brands, opening doors for individual marketing initiatives and financial opportunities once inaccessible for these elite athletes. For starters, athletes leverage their digital presence to engage in influencer marketing which has led to opportunities surfacing left and right.

Take Olivia “Livvy” Dunne, for example. This gymnast from LSU is currently the highest-paid female athlete in the NCAA, earning over 3.2 million annually from partnerships with BodyArmor, ESPN, Sports Illustrated, Motorola, and the like. Yet, her noteworthy partnerships with these exclusive brands are outweighed by her cultivation and monetization of her digital platforms. Over the last few years, the gymnast has accumulated an Instagram and TikTok following of 4.2 and 7.6 million, respectively. Her success in athletics and garnering a social media presence has allowed her to appear on different podcasts, including episode 91 of the Nelk Boys podcast, “Full Send.” Whether it be the significance of the Nelk Boys and their witty humor or the relatable content that captures the audience’s attention, Livvy’s presence earned herself her highest paycheck yet, pocketing half a million dollars from the single episode. With the ability to endorse products, share sponsored content, and collaborate with various brands, Livvy continues to capitalize on the intersection of influencer marketing and her personal brand. All that being said, Livvy has not only made a name for herself, but has also opened the door for other female student-athletes to build their own influencer presence.

Venturing Beyond the Field

Moreover, with the newfound freedom provided by NIL rights, student-athletes across the U.S. are exploring other facets of personal marketing by maximizing their entrepreneurial opportunities. There were a few standouts who did not waste time monetizing their otherwise overshadowed talents within different industries. For instance, Marshall University’s standout offensive lineman, Will Ulmer, immediately decided to pursue his passion for music by performing at local bars and restaurants. Shedding his stage name “Lucky Bill” alongside the NCAA’s restrictions, the gigs have not only brought newfound financial benefits but allowed his multidimensional, creative interests to shine alongside his athletic abilities. 

Similarly, amongst other decorated players, Caitlin Clark has also explored the various entrepreneurial ventures now accessible to student-athletes. While studying at the University of Iowa and leading the Hawkeyes to back-to-back Final Fours, Clark collaborated with the local, Des Moines-based, and women-owned business, The Vinyl Studio, to launch her own set of merchandise in August 2021. This endeavor played a small role in Clark’s 2023 NIL earnings, which was just shy of two hundred thousand dollars.

Gender-Inequity - Here We Go Again

While the Altson ruling has forever changed the landscape of the NCAA, some pressing questions about equity still linger. Let me paint the picture for you. Only nine of the top 100 highest-paid NIL deals encompass female athletes. Okay, but that’s not too bad, right? I'd think again. It was also recently discovered that only 34% of the collectives curating NIL partnerships provide opportunities for female student-athletes. And if that data wasn’t bad enough, here’s the cherry on top: recent research by a University of Michigan student showcases the disparity between men's and women's expected compensation regarding NIL and its opportunities– female athletes anticipate a mere 50% of the endorsements male student-athletes receive. So not only are there huge discrepancies between the opportunities provided to student-athletes based on their gender, but it is even more jarring that female student-athletes across all sports understand, feel, and are subject to this dichotomy on a daily basis. However, stories of trailblazers, including but not limited to Livvy Dunne and Caitlin Clark, give us a glimpse of hope surrounding the potential for women to capitalize on the untapped potential for personal branding beyond the playing field.

So… What’s Next for the NCAA?

That said, NIL has positively disrupted the ever-dynamic world of college sports. Opendorse, a platform for all endorsements and personal NIL pages, forecasts the 90,000 athletes taking advantage of the newfound NIL liberty to collectively rake in over 100 million dollars by the end of December 2023. That’s insane. Period. Yet, regardless of these metrics, the NCAA has some decisions to grapple with, not only regarding policy but, at the very heart of it, sports equity and inclusivity. Will the NCAA directly address the compensation disparities and subsequently support all student-athletes in their efforts to maximize their full potential, or will a pseudo-Alston be required for the fight to erase gender inequity once again?

References

https://www.businessinsider.com/olivia-dunne-nil-earnings-brand-deals-collective#:~:text=Olivia%20Dunne%20made%20%24500%2C000%20from,highest%2Dpaid%20female%20college%20athlete.&text=Olivia%20Dunne%20is%20the%20highest,said%20on%20a%20recent%20podcast

​​https://www.jdsupra.com/legalnews/ncaa-v-alston-the-beginning-of-the-end-9351737/ 

https://time.com/6284880/sam-hurley-track-and-field-tiktok-nil-texas/ 

https://www.sportsbusinessjournal.com/Articles/2023/10/09/opinion-springer.aspx#:~:text=graduate%20concluded%20that%20women%20expect,size%20of%20the%20gap%20did

https://www.audacy.com/wwl/local-sports/lsu/lsus-dunne-reveals-she-raked-in-over-usd500k-on-one-post 

https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf 

https://www.bestcolleges.com/news/analysis/nil-deals-lack-equity-for-women-college-athletes/ 

https://www.sportingnews.com/us/ncaa-basketball/news/caitlin-clark-nil-deals-iowa-nike/xcueusluamjk66vqfbmsxnr2 

https://www.fastcompany.com/90925811/how-nil-has-transformed-student-athletes-into-athlete-influencers 

https://nypost.com/2021/07/02/marshalls-will-ulmer-pursues-music-career-after-new-nil-rules/

 
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