Former Michigan Players Suing NCAA Can Spark Huge Change for Athletes
With all of the uncertainty surrounding the future of college football and college athletics, the past seems to be getting swept under the rug.
When the NCAA was told by the United States Supreme Court that their business model was "flatly illegal", it opened the door for all student-athletes to profit on their name, image and likeness in the same manner as any other American with a public profile in entertainment.
But what about the players before the summer of 2021, and retroactively the summer of 2016?
That's where four former Michigan Wolverines have set their focus with a new lawsuit against the NCAA and Big Ten Network which argues the defendants "have systematically exploited these iconic moments" referencing moments the players created during their playing careers.
According to ESPN, the suit is led by former quarterback Denard Robinson, wide receiver Braylon Edwards, defensive end Mike Martina and linebacker Shawn Crable on behalf of all Michigan football players who played before 2016. The summer of 2016 was the marked date of the statute of limitations from the House vs. NCAA 2020 lawsuit that led to the opening of NIL.
Whether or not this opens the door for reparations for players before 2016 is an interesting thought, though it appears wildly unlikely. But, the lawsuit may not have to be officially ruled in favor of the players.
The lawsuit raises interesting questions about the practices of former players' NIL use before NIL opened, though a clarification should be acknowledged: The Big Ten Network and likewise media networks do not owe NIL compensation for displaying game footage of players prior to the NIL statute.
While it will take time to conclude this specific case, it has the potential to inspire one of the most crucial changes to college athletics: a player's union and the structure of the NCAA.
Of course, the proper conversations would have to be brought up because of the case, but in theory, those conversations could prove that the NCAA has shortchanged its athletes even after opening NIL because the players lack representation in the product that they have built with their skill and labor.
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In reality, the existence of a players' union would work to protect past, current and future athletes from the crux of the lawsuit by properly compensating players for the use of their NIL in all relevant circumstances.
For those who argue for amateurism, the federal courts have already dismantled the idea in college athletics. If the players are the product, they have to be represented to get their cut of the profits.
However, a players' union can also help the NCAA structure itself to enforce rules in the NIL landscape better, as well as the Transfer Portal, to balance the playing field of recruiting and roster management, which has been uprooted for the past three years.
A ton of the NCAA's struggles come from not having the manpower to handle governing the players at hundreds of schools, especially with all of the different regulations in each state legally. A players' union doesn't instantly solve these problems, but it can give the NCAA a leg to stand on as they build their side of things.
At the end of the day, most of the NCAA's problems stem from its lack of structure and as the lawsuits roll in, what structure that does exist is proven to be faulty. Now with the players having too much power in the current landscape, this lawsuit from the former Wolverines could shine a light on one huge aspect that needs to be implemented sooner rather than later for the betterment of the sport and its athletes.
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