Michigan Football: NIL rule updates, analysis, and impact

Bob Dylan’s famous song “The times they are a changin,” perfectly sums up the current state of Michigan football, especially when it comes to the transfer portal and the almost daily changes to name, image, and likeness rules.

For the members of the Michigan football team, riches are on the horizon. At least that’s what we’re made to think in the latest announcement from the NCAA. The press release is titled Board of Governors starts process to enhance name, image and likeness opportunities.

The years of fighting have granted the ‘amateur’ and unpaid workforce – known as college athletes – a small victory with their attempt at altering the archaic name, image, and likeness rules, rules that have only fostered fraud, corruption, and other criminal activity.

But is the announcement just a smokescreen and not real change?

“In the Association’s continuing efforts to support college athletes, the NCAA’s top governing board voted unanimously to permit students participating in athletics the opportunity to benefit from the use of their name, image and likeness in a manner consistent with the collegiate model.

The Board of Governors’ action directs each of the NCAA’s three divisions to immediately consider updates to relevant bylaws and policies for the 21st century”. The NCAA press release stated.

What does that mean? When will this take effect? Whom will it impact?

For answers to those questions, we turn to Alan Helmkamp, attorney at Helmkamp, Ellis, Abraham, and Engerer, a law firm in Livonia, Michigan.

“In reality, this announcement was a mere statement of intent, without much else. Critical comments came immediately.” Alan stated in his email to me. “The thorny questions that arose following the adoption of the California law will challenge the NCAA rule-makers. How will the compensation formula address men vs. women sports, major vs. minor sports, large universities vs. small colleges? Will they allow the market to determine those questions, with stars getting big contracts and walk-on bench sitters nothing? If that’s the case, how will coaches deal with team chemistry, and the inevitable jealousies that will be accentuated? Saying you’re going to develop rules is easy. Coming up with a format that will be workable and not destroy college sports will be very hard.”

In summary, this appears to be a ploy by the NCAA, and it’s president Mark Emmert to silence the various legislative effort brought on by several states around the country. Most notably is the very first bill passed by California Governor Gavin Newsome named SB 206. Immediately following Newsome’s signature, other states began pushing their own name, image, and likeness agenda.

“With the California law taking effect in January, 2023, the NCAA’s announcement yesterday indicates that new rules should be created immediately, ‘but no later than January, 2021.’ However, the NCAA may not have that long, as other states have legislation pending with effective dates before then. For example, a recently introduced Florida bill has a target date of July, 2020. Pressure on the NCAA is also coming from the U.S. Congress which is considering national legislation.”

While the current efforts to change the established policies have been successful, should this latest announcement appease the public, lawmakers may restain or altogether abort their efforts leaving the age-old battle back in the hands of the current and former players against the mighty Mr. Emmert.

And even if the NCAA’s plans gain traction, there’s no telling what will be the end result. It’s not going to turn out as symmetrical and picturesque as the Sistine Chapel; it will most likely resemble a Jackson Pollock painting.

“There’s an old saying that making law is like making sausage- it’s better not to see what goes in them. I continue to hold the opinion that this process will be full of twists and turns with the eventual outcome uncertain,” Alan concluded. “I just hope the NCAA and the politicians don’t screw this up, but don’t bet against it.”