If Golden has an NIL contract in place, if another school is offering another NIL contract, ostensibly inducing him to break his existing contract, why is that not tortious interference with a contract?
I am not a lawyer so I am honestly asking the question out of ignorance.
Thanks in advance.
Because its just a contract that he’ll advertise their pizza or brakes, or hotels - like Tiger Woods.
It wouldn’t mean Tiger Woods can’t advertise another company’s golf clubs or range finder.
(Not an attorney - I work for a living)
But aren’t both of the contracts predicated on him playing for a certain team. So getting him to leave a team is essentially inducing him to break the contract.
Yeah my legal skills were honed by watching Perry Mason and Law and Order. I think I am supposed to object at this point to something.
That I do not know. Since its between two private parties its only public information if one party reveals the terms. But I think it would be. Under those terms maybe it could be TI but I’m assuming that it would just void that specific contract and they would go their separate directions. Assuming. We’ll see what counsel says.
The NIL is name image and likeness. It is not a school based name image or likeness. Also I don’t think there is a standard contract that everyone has to use. I would think that if a shoe company signs someone they would have a clause saying no other shoe companies, and the athlete can agree or not. I would also think that these would have clauses for locations or schools played for in them. If you leave school a for another then this contract can be broken depending on the location of the new school. Also just another assumption but I would think this is a year to year or month to month based contract. If they give them a car like Utah, I am sure it is day to day based on enrollment.
That seems logical.
So is there anything that prohibits a NIL contract from being multi year (4-5) with clauses that tie the player to a school, with significant penalties for breaking the contract.
Honestly, with recruiting now being all about money, why would you take a chance on a freshman without sometime tying him to your school.
Why would I recruit a freshman and then when he proves himself he puts himself out for bid.
This system is F’d up.
NIL is no different than a student at UH on a physics scholarship.
If said student is so brilliant in that field, UH can’t hold that student back from making appearances, giving speeches, etc. to profit from the area they provide value in. UH can’t prevent that student from having a job unless they had specific verbiage in the scholarship prohibiting it.
Now…it rarely happens with students on academic scholarship but at least now the playing field is level because students on athletic scholarships were PROHIBITED from any outside ventures while on scholarship.
That changed…so the contract has nothing to do with the University …it is on the student and the party that is pursuing them to provide services for.
The NIL was looooooooong overdue…all other students can make outside money
Anyone who disagrees with this is anti-capitalism.
Now the stupidity of the companies or private donors giving $$ (or even their generational wealth) to college athletes is another topic.
*the system is a reflection of this country…$$$
I don’t care what anyone does with their money. To me it is nothing more than donors giving money to players. What was under the table is now above the table and taxable.
Your question is a valid one concerning, why would anyone contract with a college player on a NIL contract.
That same question could and could have been asked about donors paying players under the table.
Back in the day it was ego and you got a football and a picture and you could tell your buddies that you know Coach (fill in the blank).
For the last 15-20 years the money to get players has been ridiculously high and you ask yourself why would anyone pay that. What do you get exactly.
I suspect in places like Alabama you are getting access to government contracts. You buy this player, you will get some type of return in the form of a government contract for your business.
as someone stated it is Name Image Likeness
it is NOT a contract that has ANYTHING to do with the university in fact the university CANNOT be involved
this the player can still endorse “the ritz” if he feels like it no matter what school he plays for…so unless the contract specifically requires him to be a student at a specific school he is not breaking that contract…and since most of these players now have “agents” or handlers that work these deals for them there is little chance that a player is going to take a deal that has any penalty (other than no more payments under the contract) if they decide to transfer
thus the fact that because the player is free to transfer and there is a clause (cancellation of the contract) of they do and the party offering the payments wants to there is no enticement…similar to a conference member that is not subject to a GOR leaving one conference for another and dealing with the specified terms that allow that exit
players are not granting the rights to their likeness for a period of time (at least I doubt many of any are) and thus they can exit the contract and no longer get paid from it and all is done
most importantly it has nothing to do with the university and the university is not a part of it at all
They might not “officially” be a part of it but NIL is a recruiting tool. It is why it is there and not because a business thinks they are going profit from the image of an offensive lineman.
We are paying for players and we are lining up commercial friends to pay the players.
can’t tie an NIL deal to the University but you can have language that says “as long as you live in Houston”
Good info in this thread.
Another thought direction, as this is business, is that most can be on contract for a specified period, but they do not stop looking for one to start when the current one finishes. I’m sure a construction company will not finish their current project before starting to look for the next.
Any company not responsible enough to put some limits on the player leaving the region or other guideline deserves what they get.
But there are still “agents” for NIL deals that are getting 15% to 20% of the deal just like any “talent” agent…so who do you think has a vested interest in players making the most from NIL deals that they possibly can…you are not just dealing with local companies and you are not just dealing with companies that have a vested interest in a particular university or with companies owned by fans and alumni of a university…with a “collective” (that is still not a part of the university and that has to have some distance from the university) you are in more of a situation of pay to play, but there is still not going to be language to prevent a player from transferring (perhaps unless tilman is involved and wants to scare players off like he does coaches)
but with the NIL who do you think might help with “tampering”…perhaps an agent that has a player getting $500 a month at a school ($6,000 a year) and the agent gets $1,200 a year…and now if that player goes to a bigger name program perhaps he gets $10,000 a month…and that agent gets $24,000 in a year…so no chance that agent is going to allow a contract that locks a player in and prevents a transfer
I don’t doubt you are correct in everything you are saying.
But the system now is like everyone in MLB or the NBA is on a one year contract and the team has no control over the player. It is unlimited free agency.
That is great for the really good players but it also means that schools like UH shouldn’t direct their NIL money to unproven freshmen.
The system is great for the great players and really crappy for the average players.
The corrupt ncaa has CREATED this.
Let me ask everyone. Does the ncaa have a clause prohibiting another school from “poaching” another player?
The answer would be no.
Here is why.
You can poach any player you want through…THE TRANSFER PORTAL
Let’s push this a bit further.
A player has a breakout season?
He is gone to greener pastures.
Aldon was our prime (no pun intended) last season.
This corrupt system is only to further divide the ones and the have’s not.
The ncaa should have dismantled a long time ago.
The rule should state the following:
The moment you enter an NIL contract you can’t enter the transfer portal.
you are clueless…the NCAA did not create this at all the NCAA is powerless to stop it because if they try they will be sued…idiotic “players need to be paid a free ride on college is worth nothing” types are the ones that created this
you do not seem to understand that the NCAA has no ability to stop this at all and you do not seem to understand that getting rid of the NCAA will just make things worse not better
person aka PUF should not go to U of H? This is you right?
The ncaa could have easily put in a stipulation that schools can’t tamper with other schools student athletes while getting paid. You betcha they could have been sued. But in this case congress would have intervened. We might as well call college football nfl AAA.
What is the point of having a cfp if we know that a handful of teams are going to buy the best players? What interest does it have past these few schools.
It is up to the ncaa to “protect” and regulate college sports. They are doing neither.
They are a non profit organization but love getting the money.
This ridiculous NIL exists because the Universities don’t want to employ the players directly.
The other reason NIL has been adopted is the under the table payments had grown to a level that tax evasion and money laundering charges were a real possibility.
Were this will end is the NIL will shift to NFL. The NFL is just as big of a bad guy. They had minor league football for free. The NFL needs to treat these guys like minor league players.
I like this description. Seems to fit well.
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