This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Entertainment & Sports

Nov. 24, 2021

Name, image and likeness in college basketball: Solution to ‘one and done’?

In 2005, the National Basketball Association passed a rule that dramatically altered the draft, impacted the lives of thousands of basketball prospects, and may have inadvertently led to the name, image and likeness rules that were passed earlier this year.

Frank N. Darras

Founding Partner, DarrasLaw

Email: frank@darraslaw.com

Western State Univ COL; Fullerton CA

In 2005, the National Basketball Association passed a rule that dramatically altered the draft, impacted the lives of thousands of basketball prospects, and may have inadvertently led to the name, image and likeness rules that were finally passed earlier this year.

After two to three dozen high school players entered the NBA between 1995 and 2005, the league decided to change the rules to force high school players to either go to college or play internationally for a year before being eligible for the NBA draft.

The rule, commonly known as "one and done," stated no player could sign with the NBA until they were age 18 or older and that players who had played at least one year of college basketball were eligible for the NBA draft.

For many of these players, the decision to skip college came down to money. The amateur rules in college basketball previously forbid college players from making any money related to their athletic performance, and even capped their ability to make money in other ways.

Take one very gifted player who was extremely popular and came to demonstrate the inequity athletes were facing for decades. Chris Webber was the star of the University of Michigan's "Fab Five," a moniker given to a group of five highly touted freshman basketball players who began playing for the university in 1991. During those two years, the New York Times reported that Michigan collected roughly $19 million in royalties from apparel sales off these five players. However, due to the NCAA rules at the time, the players were never able to collect a penny of that money. In fact, Webber left the school after only two seasons (unheard of at the time) and stated he could not handle seeing his jersey sell for $75 when he and his teammates couldn't afford to purchase a slice of pizza.

The one-and-done rule radically changed both college basketball and the NBA. Since the 1940s, college basketball was where young players went to hone their skills and develop for the next level. The NBA depended on college programs to train the next generation of athletes, and many legendary college coaches developed their reputations based on their ability to train, not just coach. However, when high school players started joining the league more frequently, the quality of the NBA took a noticeable dip. In part, these 18-year-olds were boys among men, as their teenage frames had not yet filled out to play 82 regular-season games against 28-year-olds.

The league knew the problem -- that many of these college athletes were denied the opportunity to make money based upon their own skill set -- but rather than help these athletes, the NBA put another roadblock in their way. Now, these young men had to wait at least another year to potentially cash in on their skills while still generating revenue for which they would never receive fair compensation.

As a result, the game of basketball suffered both at the collegiate level, where coaches have been unable to build any year-over-year coherency in their teams, and at the NBA level, where players drafted can take three to five years to properly develop in most cases.

Players entering the NBA draft sought to be properly compensated for their skill sets and work. A portion of these young men had urgent financial needs, while others (like Webber) simply wanted to be fairly compensated instead of watching others profit off his talent. The new name, image and likeness rules could very well be the way college basketball returns to prominence.

According to online statistical analysis website Statista, the 10 highest-rated college basketball games all happened before 1995. The average TV ratings for the Final Four (college basketball's final four teams in the playoff tournament) have been steadily decreasing since 1995. This is due in part to the reality that if viewers want to watch the best young talent, the NCAA simply does not have it. If, however, players are able to make a living off of their basketball skills and continue to develop and improve at the collegiate level, this may be equally as transformative as the one-and-done rule, though in the opposite direction.

One could imagine a world where a young basketball player can earn $1 million per year or more playing for one of the most prominent collegiate teams for three years, and some may choose that option over making $2 million riding the bench in the NBA. A choice between having no income and making $2 million is no choice at all, but a choice between $1 million and $2 million is something a developing player might seriously consider. Playing at one of the more high-profile programs in the nation would only increase that athlete's profile for sponsors and other teams. It would also allow that player to enjoy his time on a college campus, go to classes, receive a quality education, and possibly help that individual be better prepared for their business and financial future.

While dozens of high school players were drafted by the NBA, dozens more "declared" for the draft but never were drafted. For every one-and-done player who eventually develops into a starter, dozens more are never given the opportunity to grow their skills enough to have a long-term professional career. Unfortunately, the average NBA career now lasts approximately 4.5 years. Should that player never have a college education to fall back on, the future is potentially bleak.

The NCAA's name, image and likeness rule now puts power into the hands of players, where it always belonged. Now, male and female college athletes have choices, options, and can benefit from their own blood, sweat and tears.

On October 13, USA Today published a list of athletic program budgets for Division 1 universities. University of Oregon totaled just under $400 million in revenue, for UCLA it was just under $100 million, for San Diego State it was $55 million. On the list of 230 schools, 37 reported revenues over $100 million, and 66 over $50 million. The list does not include private universities like USC, Stanford and Notre Dame, all of which are household athletic names.

With all those millions, none of that money has gone to the amateur players who play the games, generate the interest, and have entertained fans and alumni before the new name, image and likeness rules. While the NCAA is still unraveling and finally relinquishing its stranglehold on college athletes earning potential, the new rules give those players choices they haven't ever had in the 100-plus-year history of "amateur athletics" -- and it is about time. 

#365141


Submit your own column for publication to Diana Bosetti


For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com