That's fascinating.
QUESTION: Why does the Big Ten and other Big Ten schools refer to the revenue sharing money as NIL payments?
LINK 1
"On December 2, Xavier and Wisconsin Athletics entered into a binding two-year NIL agreement reflecting his strong commitment to continuing with the Wisconsin football program. We understand that he also executed a similar agreement with the Varsity Collective. His agreement with Wisconsin Athletics included substantial financial compensation for Xavier. Under the terms of the agreement between Xavier and Wisconsin Athletics, it remains in effect and enforceable..."
LINK 2
"I have seen many one-sided “
#NIL revenue-sharing” contracts from Big Ten schools this cycle. They use the same form provided by the conference. It’s ludicrous that they put in bold writing: “The Institution in its discretion may, at any time, adjust the Consideration to reflect an increase or decrease in the Athlete's NIL value (e.g., a Heisman Trophy win may increase the NIL value and reduced playing time may decrease the NIL value).”
LINK 3
"However, two other lawyers familiar with revenue-sharing MOUs (Memorandum of Understanding) for Big Ten athletes say the language is consistent with agreements they have reviewed."
"At its core, the MOU is an intellectual property transaction. The school is buying a license to use the athlete’s NIL and the associated right to sublicense the athlete’s NIL to third parties. The athlete accepts they do not gain a right to royalties or additional payments in the event of a sublicense."
"The main NIL concession gives schools a license to use an athlete’s “name, nickname, pseudonym, voice, signature, caricature, likeness, image, picture, portrait, quotes, statements, writings, identifiable biographical information, other identifiable features, and any other indicia of personal identity” such as jersey number or social media handle, according to the document. Those rights can be sublicensed to the Big Ten, NCAA or any other third party, and continue after an athlete is no longer at the school, though not for use to sell goods and services. (Athletes can continue to enter personal NIL deals outside this agreement, but those deals must comply with the revenue-sharing MOU and must be reported to the school). "
"The linkage between play and NIL is also apparent in how the MOU addresses a player transferring. The school agrees to “take reasonable steps not to actively use the Athlete’s NIL” after the athlete plays for another team. The school, however, stresses it can “sell-off” products with the athlete’s NIL and reserves the right to use the NIL for archival purposes and historical signage. "
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Now, granted, I only got my law degree 25 years ago, so I wasn't really taking classes on sports likeness rights. But if I remember correctly, some of my courses (you know, like probably first year contracts) suggested that the
EXPRESS LANGUAGE IN THE CONTRACT TERMS could be used to infer what the nature of the contract was focused on. But again, I'm just a simple country lawyer ... perhaps you could use your fancy book-learnin' (as well as your extensive insider contacts) to explain how the Big Ten seven-page model NIL revenue sharing agreement does not concern "rev share going to NIL payments."
We all await this knowledge with bated breath.