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How does NIL not constitute a professional contract?

Posted on 8/26/26 at 1:45 pm
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 1:45 pm
Help a dummy.
Posted by ProjectP2294
West St. Louis County
Member since May 2007
79708 posts
Posted on 8/26/26 at 1:47 pm to
Because it's not compensation for playing.

It's compensation for the use of their Name, Image, and Likeness in commercial enterprises.
Posted by LSUbasketballfan
Member since Jan 2021
810 posts
Posted on 8/26/26 at 1:47 pm to
The court will rule that the SEC is actually a professional sports league in the near future.
Posted by NC_Tigah
Ray Bans for Max Polarization
Member since Sep 2003
140845 posts
Posted on 8/26/26 at 1:54 pm to
quote:

How does NIL not constitute a professional contract?
The more apropos question is how does Direct Institutional Pay (Revenue Sharing) to players not constitute a professional contract?
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 2:02 pm to
quote:

Because it's not compensation for playing.
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 2:02 pm to
Posted by Alt26
Member since Mar 2010
36245 posts
Posted on 8/26/26 at 2:07 pm to
In practice it IS essentially pay for play. But legally and contractually it is not. The players aren't "employees" of the school.
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 2:20 pm to
quote:

The players aren't "employees" of the school.


But are in fact playing under contract.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
38683 posts
Posted on 8/26/26 at 2:21 pm to
It's akin to a personal services agreement for the booster supplying the money
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 2:22 pm to
A personal services agreement is a legally binding contract
Posted by Alt26
Member since Mar 2010
36245 posts
Posted on 8/26/26 at 2:32 pm to
quote:

But are in fact playing under contract


Not an employment contract. LSU itself is not obligating itself to pay NIL to a player in exchange for that player to play for LSU.

For example, Rasing Canes is not paying Whit Weeks specifically to play football for LSU. It's paying him for the right to use his NIL in connection with its business.

There is NO express football labor agreement.
Posted by themunch
in motion
Member since Jan 2007
72603 posts
Posted on 8/26/26 at 3:05 pm to
They are still under contract.

quote:

Not an employment contract


Still with compensation. It makes it paid as in professional.

A professional is a person who earns money by doing a specialized job that requires specific education, training, or skills

This post was edited on 8/26/26 at 3:08 pm
Posted by TROLA
BATON ROUGE
Member since Apr 2004
14991 posts
Posted on 8/26/26 at 3:06 pm to
quote:

Because it's not compensation for playing.




That’s a stretch.
Posted by Indiangensing
Member since Nov 2017
2516 posts
Posted on 8/26/26 at 3:09 pm to
quote:

It's akin to a personal services agreement for the booster supplying the money


So like it has always been for the SEC and O$U...
Posted by ProjectP2294
West St. Louis County
Member since May 2007
79708 posts
Posted on 8/26/26 at 3:09 pm to
quote:

That’s a stretch.


Not in the context of the question. It's the actual answer.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
38683 posts
Posted on 8/26/26 at 3:19 pm to
Right, but probably not how the poster would think. It's not binding the signer to the program.....unless that's part of the contract which it probably isn't. But the kid may have to do goofy commercials for Gordon or a car dealer so long as he's playing.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82549 posts
Posted on 8/26/26 at 3:29 pm to
quote:

Because it's not compensation for playing.


It's compensation for endorsing the product.

You get the opportunity because you're an athlete, but there are other people like singers and models who also get that opportunity.
Posted by Oilfieldbiology
Member since Nov 2016
42837 posts
Posted on 8/26/26 at 3:43 pm to
quote:

In practice it IS essentially pay for play. But legally and contractually it is not. The players aren't "employees" of the school.


How does revenue sharing work with all this?
Posted by Madking
Member since Apr 2016
73404 posts
Posted on 8/26/26 at 4:05 pm to
quote:

Because it's not compensation for playing.



There is no way you believe this. The first NIL deal broke the rules of NIL, it was never real.
Posted by Alt26
Member since Mar 2010
36245 posts
Posted on 8/26/26 at 4:16 pm to
quote:

Still with compensation. It makes it paid as in professional.

A professional is a person who earns money by doing a specialized job that requires specific education, training, or skills


They aren't being paid to play football. LSU itself is not paying the players to play football. LSU isn't paying the players to perform any work. There is no employee/employer contract.

For example, the KC Chiefs directly pay Patrick Mahommes to play football for them. He is an employee of the Chiefs and they are his employer.

State Farm also pays Patrick Mahommes. But not to play football. They pay him for the right to use his NIL in State Farm marketing.

The LSU players are not being paid by the donors, companies, etc specifically to play football. There is nothing in the NIL contracts that obligates the players to play football in exchange for payment. That might be the unwritten underlying reason as to why the business/donor entered into the contract with the player. But it is not expressly in the contract.
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