Oklahoma Law Review
This Article proceeds in three parts. Part II discusses the changes that NIL has wrought in college athletics. It briefly explains collectives and their impact on NIL. Part III discusses the impossibility of limiting athletes’ “fair market value” given market value depends on what the market is willing to pay. Congress has failed to pass national legislation. Yet the mosaic of state laws is simply unfit to stand in for national legislation. And, following multiple litigation losses, the NCAA cannot be trusted to “value” the athletes themselves. Market value, if one is to be established, must be uniform and assessed by a neutral body. The NCAA is not neutral when it comes to college athletes. Finally, Part IV calls on Congress to enter the NIL dialogue if only to even out the recruiting advantages NIL is creating. While fair market value may be impossible to establish, national uniform laws can be put in place to ensure that recruiting wars depend on educational and athletic opportunities rather than the wealth of collectives. Unless Congress acts, college athletics will remain mired in the Wild, Wild, unregulated West.
University of Oklahoma College of Law
The NCAA's Challenge in Determining NIL Market Value,
Okla. L. Rev.
Available at: https://scholarship.law.tamu.edu/facscholar/1966