On November 16, 2020, the National Collegiate Athletic Association (NCAA) issued its proposed bylaws to be considered at its January 12-15, 2021 Convention. Included therein are the long-awaited new bylaws that would allow NCAA athletes to be compensated for the commercial use of their own Names, Images, and Likenesses (NILs), subject to certain restrictions. If adopted, … Read more
The Drake Group is maintaining a state-by-state database tracking all state legislative actions recognizing the rights of college athletes to monetize their own names, images, and likenesses (NILs) via employment and endorsements outside their collegiate institutions. Questions should be directed to Drake board member Julie Sommer at jsommer@jsommerlaw.com. SEE QUICK EXECUTIVE SUMMARY AND FULL DATABASE … Read more
On August 3, 2020, U.S. Senators Cory Booker, Richard Blumenthal, Christopher Murphy, Kirsten Gillibrand, Ron Wyden, Mazie Hirono, and Kamala Harris issued a “College Athletes Bill of Rights” statement that sought to advance justice and opportunity for college athletes and promised future legislation to realize their position. On August 13, they were joined by Senators … Read more
The Drake Group is encouraged that the U.S. Senate Committee on the Judiciary reviewed issues related to integrity in intercollegiate athletics on July 22, 2020. While the hearing mostly focused on Name, Image, and Likeness (NIL) rights along with various state and federal NIL proposals, there were also important exchanges on COVID-19, concussions, racial disparities, … Read more
The Drake Group believes that several specific issues raised during the July 1, 2020, U.S. Senate Commerce Committee Hearing on “Exploring a Compensation Framework for Intercollegiate Athletics” are misleading to both members of Congress and the general public. Three serious concerns regarding testimony pertaining to NIL compensation were detailed: Claims that NIL laws would perpetuate … Read more
College Athletes Should Give U.S. Senate NIL Bill a Failing Grade: Criticism of the Fairness in Collegiate Athletics Act The Drake Group shares observations critical of the Fairness in Collegiate Athletics Act, a federal bill intended to protect the employment rights of college athletes proposed by U.S. Senator Marco Rubio of Florida. The Act gives … Read more
Criticism of April 29, 2020, NCAA Board of Governors’ Guidelines for Future NCAA and Federal NIL Legislation On April 29, 2020, the NCAA issued a press release announcing its Board of Governors’ action responding to the comprehensive April 17, 2020, NCAA Federal and State Legislation Working Group Final Report regarding college athletes commercializing the use … Read more
Critical Analysis of Proposed Models of College Athlete Compensation The Drake Group believes that the current pressure on higher education institutions to pay college athletes well beyond the full cost of education has been created by root failures of the National Collegiate Athletic Association (NCAA) to: articulate and implement an educational sport system that allows … Read more
Compensation of College Athletes Including Revenues Earned from Commercial Use of Their Names, Images, and Likenesses and Outside Employment The media reports strongly expressed opinions of various NCAA, conference, and institutional athletics administrators who maintain that allowing athletes to exploit their own NILs could not be accommodated without causing profound negative changes in the nature … Read more
The Drake Group has released a position statement today that proposes an educational alternative to “athlete employees.” Drake Group President Gerald Gurney, stated, “Intercollegiate athletics is at a crossroads on the issue of paying college athletes. Should collegiate athletics be a mini-version of the NFL and NBA? See Drake’s Position Statement for a viable alternative.