Sports

Latest NIL Bill Is A Perfect Compliment For The Return Of A College Football Video Game

A broader package of reforms has already been proposed by various lawmakers.

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(Image via Getty)

Yet another college athlete name, image, and likeness bill has been introduced in Congress, but this latest proposal may have the best chance of becoming a national law.

On February 4, U.S. Senator Chris Murphy (D-CT) and U.S. Representative Lori Trahan (MA-03) introduced the College Athlete Economic Freedom Act, which is a 12-page bill that intends to prevent colleges and the NCAA from precluding college athletes from marketing the use of their publicity in a commercial manner and specifically states that group licensing must not be restricted. The latter element is very timely, considering that EA Sports just announced its intention to bring back its college football video game within the next few years.

“The legislation Representative Trahan and I are introducing today provides unrestricted rights for college athletes to make money off their name, image and likeness by signing endorsement deals, running camps, or other means,” Murphy said in a prepared release. “It’s simple: this is about restoring athletes’ ownership over the use of their own names and likeness. They own their brand, not their school or the NCAA. Giving students a right to make money off endorsements is just one part of a much broader package of reforms that need to be made to college athletics, but it’s a good start.”

A broader package of reforms has already been proposed by various lawmakers including Sens. Cory Booker and Richard Blumenthal, who have spearheaded an effort to create a national “College Athletes Bill of Rights,” which would also require that athletes receive a share of the revenue received by athletic departments. There has been little-to-no momentum attached to that bill since its text was revealed in December 2020.

The new legislation introduced by Murphy and Trahan has the support of many respected sports industry veterans, including basketball broadcaster Jay Bilas.

“Senator Murphy and Congresswoman Trahan have laid a necessary marker down with the College Athlete Economic Freedom Act in ensuring athletes have the same economic rights as literally everyone else, including every other student,” Bilas said. “I commend Senator Murphy and Congresswoman Trahan on this thoughtful and comprehensive approach to providing athletes with the same economic rights and protections as everyone else.”

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Under this most recently revealed legislation, college athletes would have the ability to retain legal counsel and athlete agents of their choosing to assist in the procurement and negotiation of deals that concern the exploitation of the athletes’ publicity rights. More restrictive state laws would be preempted should this bill become law.

Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at heitner@gmail.com and follow him on Twitter at @DarrenHeitner.

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