I will say I find this whole NIL fiasco absolutely fascinating. I'm excited to see how this situation shapes NIL nationwide.
So a person known for organized crime or gambling shouldn't have to report NIL. So what is NIL for if not public?
Man, I read and re-read your question several times and pondered it. Im not following ya on the org crime and gambling stuff. NIL is for private citizens who play college athletics. I'd certainly advise them to file correct information and payment to the IRS. They certainly dont have to report it to anyone else on the planet though.
That brings to mind another possible scenario though ......what type of organizations are these collectives? Some business organizations in FL fall under Sunshine laws. If they are set up in a way with classes then the board class would have to supply accounting information to any member class (stakeholder) in good standing (dues paid). Not sure if tht applies only to non profits....501c....419s.....dunno....I'm pretty ignorant on business law and will have to resort to talking out of my ass pretty quickly. Then again that seem to be a valuable skill in law anyway so maybe you should listen to me?
Name, image and likeness implies publicity. That's what NIL was about. Moreover, dark money tends to corrupt or hide skulduggery. It needs lots of sunshine.
Ahh I see. You're saying because it implies publicity it should be made public because publicity and public share an etymological root? If I'm understanding you correctly, I don't think that's how privacy laws work in the West. How much Tom Cruise earned for Top Gun 2 may be public knowledge. If so, the information was voluntarily given. Even US presidential candidates submitting tax returns for public review.....its based on voluntarism, not legal requirement.
In this case, the player receiving NIL money is not a state employee. The NIL company is paying the athlete for use of the name, image, and likeness. This transaction has nothing to do with a state school.
NIL agencies or just like any other business enterprises. They have to report where their revenue came from and where their expenses were paid to. On the other hand the payee (NIL athlete) has to file via 1099 (or what ever doc there is) to the IRS. In the long run the IRS knows where the money came from and where it went to. At least they should know. In a case of a dispute between the NIL agency and the Student Athlete, any parties connected to the dispute, will get the required evidence/documentation in court. I am not sure if and when this data becomes public knowledge.
The "dark money" that you spoke of, could be the type of money that the NCAA is looking in the recruiting practices with Miami, Booster Ruiz, and Rashada.
Any college coach talking directly to a NIL agency is taking a big risk of getting slapped by the NCAA. If communications are needed, then it should go through the University Admin, with the NCAA as a third party. Let me add, Florida State colleges like UF should also partner in to avoid trouble with Florida State law that keeps the state colleges from steering recruits away from other NIL's.
What are you high? 13 million for a possible who knows how much he’d be worth say if it was a 20 mill a year 1st round pic. The benefit in college would even be greater the NFL as far as how good you would have to be to make money. Imagine how much Tebow would have got to not much in the NFL (stupidly).
NIL operations need to know who to offer $ to and how much. They have a budget and need to allocate $ based on what the coaches need. If there is zero communication the implication is the NIL operation is left to determine who to recruit…
I understand your statement and in general I agree with it. However the state law in Florida and the NCAA regulations make that communication too dicey for the school administrations. On the other hand the NIL agencies are not totally in the dark on who to offer and how much to offer. Many starred athletes in the USA are tracked and reported on early on in their high school years. These future stars attend camps and competitions that have a lot of viewers besides parents. As for allocating on the what the coaches need: They already have a lot of available sources to determine that need with out going to coaching staff. A face to face meeting is a good thing, but it puts the Florida State colleges in the position to violate the state law in discouraging/diverting the recruit from an NIL of their choice. It also put the national schools in a position of being a party of directly paying the NIL. Currently the NIL's have to totally separated from the schools. This is the item why the Miami Hurricanes are being investigated for. They also do research to see how marketable the athlete is in the way of name, image, and likeness. Some high schoolers are not as marketable as others.
Hopefully that will be changing. Florida lawmakers back changes in college athlete NIL compensation law
Here's what should be disclosed about NIL deals: the player's deliverables. What is the player actually doing to earn NIL dollars. If the contracts are actually NIL contracts as opposed to pay-for-play deals, they'll have deliverables. Player has to attend 10 events at XYX car dealership. Players agrees to 3 photo shoots for the purpose of producing marketing materials for whatever business. Etc.
