Author: Adam Albrecht

Once upon a time, college athletics was where amateur athletes competed for bragging rights, trophies, t-shirts and gaudy championship rings. But today, college athletics has been deamateurified in a major way thanks to the rules changes related to NIL.

As the Founder & CEO of the advertising and idea agency The Weaponry, and as a former college athlete at the University of Wisconsin athlete, I love working with both athletes and marketers on endorsement deals. Throughout my advertising career, I have spent a great deal of time working with athletes including:

• NFL All-Pros
• MLB All-Stars
• Olympic Gold Medalists
• PGA Championship Golfers
• Top NASCAR Drivers
• College Athletes and Teams

Today, in the NIL era, I see one specific mistake made repeatedly by college athletes. And, no, it’s not getting arrested. (Which might land you a sweet deal endorsing handcuffs or mugshot makeup.)

What the NIL is NIL?

NIL is shorthand for the NCAA rule change related to Name, Image and Likeness. The rule change is not about athletes actually having a name, image or likeness. University athletes have always had those things. (Except maybe athletes who play for the Nevada College No-Names, the Florida Tech Phantoms, or the Delaware Institute Dislikes.)

The real change to college athletics in the NIL era is about NCAA athletes’ rights. And the right that is right at the heart of the issue is the Athletes’ Right of Publicity. This is a particularly interesting topic because universities have always loved using athletes to get publicity for the school itself.

Before 2021 the NCAA ruled that athletes did not have a right of publicity to promote a product or a service and get paid in the process. Which is a pretty crazy thing to declare in a free-market society. That is probably why Brian Bosworth wore that National Communists Against Athletes t-shirt at the 1987 Orange Bowl. But as of 2021, the world has decided that college athletes do have the right of publicity, which allows them to promote products and services.

Name, image and likeness (NIL) are simply the three elements that make up “Right of Publicity” and allow NCAA athletes to be compensated. They are like the Earth, Wind and Fire of ROP. They just aren’t as much fun to dance to at weddings. #DoYouRemember

The NIL Problem

The rule is intended to allow college athletes to cash in on their well-knownness.

The problem is that many college athletes refer to their engagements publicly as NIL deals.

NIL is simply the name of the rule that allows you to work with brands that, in theory, you love, use and endorse.

When you say you have an NIL deal, it is kind of like saying you have a ‘Freedom of speech’ deal. Or a ‘I have legal rights’ deal. Or a ‘I get paid to talk about this stuff’ deal. Or a ‘You can’t stop me’ deal.

Advice to College Athletes

Don’t reference NIL when you talk about your opportunities. No one other than NCAA athletes talk about opportunities this way. It’s an amateur way to think about being a paid Spokesathlete. Talking about a relationship as a NIL deal cheapens the work you are doing.

When a brand pays you to endorse a product, place or service, you have a job. That job is as a promoter, endorser, representative or spokesperson.

The audience you are paid to help influence doesn’t want to hear you have an NIL deal. They want authentic partnerships and collaborations.

They like ambassadors. They like relationships.

They like a good old-fashioned endorsement. In fact, the widely accepted ratings and review system that is so popular on the interwebs is an endorsement system. We all gravitate toward products, places and services that are endorsed by the people who have tried them.

So college athletes, tell us that you use, endorse and recommend products, services and brands. Tell us that you are collaborating with your favorite fill-in-the-blank because it is your favorite fill-in-the-blank in the whole fill-in-the-blank-ing world, and you want everyone to know.

But remember, endorsement relationships are most impactful when the compensation element is not discussed. The more you highlight the compensation the less credible and convincing the endorsement is.

What To Do Instead

Partner with brands, products and services that you really use, like and recommend. Focus on your positive feelings about the brand. Focus on promoting the brand, not on the fact that you are a paid promoter.

As athletes you want to feel like you are winning. And it is easy to think that you are winning by telling the world you won an NIL deal. Or that you are getting paid because you are such a good athlete. Or because you are cute and have a nice body.

But don’t.

You win by having the brands you work with want to do more work together. You win by having other brands recognize the great job you do as a promoter, which makes them want to work with you too. Just keep the compensation behind the scenes.

Key Takeaway

If you have the opportunity to promote brands, products or services as a college athlete the best thing you can do is think like a professional athlete. Enthusiastically promote, support and endorse the things you like, but keep the compensation part low-key. Professionals recognize the importance of the marketing work they do as a key part of their livelihood, so they approach the work as professionals. College athletes need to do the same thing. It’s the best way to keep your opportunities going long after your college days are over.

**Yes, you can add ‘Paid Partnership’ to your social posts when you feel it is necessary to be transparent. Just don’t add NIL-deal. Deal?

*If you know a college athlete who could benefit from this message, please share it with them.

+For more of the best life lessons I have learned check out my book, What Does Your Fortune Cookie Say? from Ripples Media.