Alabama Representative Kyle South—the lawmaker behind the state’s NIL bill—has moved to repeal the law granting student-athletes the opportunity to utilize their name, image and likeness for commercial gain. South, a University of Alabama graduate, has stated that his state’s NIL law is “more restrictive than what the NCAA adopted.” Unquestionably, South does not want student-athletes in his state to lose the ability to market their NIL. Rather, he wants the universities in Alabama to operate without any restrictions from the state legislature.
Compared to states where there are no NIL laws on the books, schools in Alabama may be at a disadvantage. Student-athletes and athletic departments in the state have to jump through the additional hurdle of a state law—as opposed to simply following NCAA and institutional guidance. Universities in states without an NIL law may ultimately be able to provide more opportunities for student-athletes than universities in states with NIL restrictions, such as those in the state of Alabama. Alabama’s NIL law, for example, restricts the athletic department from facilitating any NIL deals for its student-athletes.
Of course, facilitation of NIL deals through the athletic department could lead to student-athletes receiving greater NIL compensation, which in turn may lead to greater recruiting success. Surely, Alabama legislators would not want to see their state’s flagship universities at a recruiting disadvantage. Especially one that could jeopardize customary College Football Playoff appearances.
It is likely that other states will follow Alabama’s lead in repealing NIL laws. The bills that were passed with great expediency in the time leading up to July 1st, 2021, may be gone as quickly as they came.
Joshua M. Frieser, Esq. is a college sports lawyer and Principal Attorney at Frieser Legal. His practice is focused on the representation of college athletes and working to solve their unique legal needs. Josh represents college athletes in formal NCAA regulatory proceedings and NIL licensing agreements, as well as in related intellectual property and business planning matters.
