At first, it seemed that the NCAA was dead set against awarding college athletes their name, image, and likeness (NIL) rights, or commonly referred to in the legal setting, rights of publicity. With rights of publicity there comes infringement, and the consequences are termed torts:
“The right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion. In the United States, the right of publicity is largely protected by state common or statutory law. Only about half the states have distinctly recognized a right of publicity. Of these, many do not recognize a right by that name but protect it as part of the Right of Privacy. The Restatement Second of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness, unreasonable publicity, and false light.”Cornell Law School, Legal Information Institute
However, as states began to see a way to give access to college athletes through legislation that specifically provided a pathway to profit from their NIL, the NCAA changed course. The universities were quicker to adapt and immediately began hiring experts to advise on best practices to implement NIL education, programs, partnerships, and licensing. The laws that states passed (or even states that did not pursue NIL legislation) were mostly ceremonial because rights of publicity have existed in common law (e.g., English law that is derived from custom and judicial precedent juxtaposed with statutory law) for hundreds of years. What the states did was move up the clock and force the NCAA’s hand to decide from a regulatory and compliance standpoint.
Universities have expressed varying levels of support for NIL. The Pac-12, whose main catalyst includes four universities from the state of California, was the first state to pass NIL legislation (“The Fair Pay to Play Act”), but the enactment date is not until 2023. Nevertheless, to highlight the aforementioned point, athletes in California began profiting from their NIL immediately. High school students in certain local communities may also profit from their NIL depending on various rules and regulations. The Pac-12 then took it a step further by being the first athletic conference, let alone a Power Five conference that has already agreed to schedule arrangements with two of five other major conferences (the ACC and BigTen), to allow college athletes to use highlights from broadcasts in their NIL.
College athletes being able to utilize copyrighted broadcast footage without having to pay large licensing fees cannot be overstated as highly valuable. The ability to use and coordinate broadcast footage with the universities’, networks’ and streamers’ assistance will only increase the exposure for the athletes’ profitability. The universities, networks, advertisers, and streamers also stand to benefit greatly because the broadcasts they own will be shared across social media platforms reaching a younger set of fans that would not normally watch sports.
The New York State Legislature did introduce legislation in 2020 that would have split broadcast revenue with college athletes, but that was a nonstarter for universities, networks, and streamers. College athletes being able to profit from their NIL, while not having to pay or being prohibited from using copyrighted broadcast footage from games is a great compromise.
Meanwhile, Apple, EA Sports, Google, and Facebook are all making major strides in sports, health, and tech development to benefit sports. Apple Watch is tracking biometric data. Facebook is working with Google to create something similar on various platforms. EA Sports is discussing a new video game where college athletes profit from the intellectual property used in the gaming simulation.
Speaking of profit, will college athletes be able to create and sell non-fungible tokens (NFTs) when using broadcast footage? With Spotify becoming a streamer of content beyond music and podcasts, will college athletes also seek podcasting and series original opportunities? Sports documentaries are on the rise and exceedingly popular—why not the Hard Knocks of College Sports?
Facebook created a social media fantasy sports gaming application and feature—making it simpler to play and share. High school sports, the feeder for college athletic talent, is developing an application through Elysian Park Ventures (controlled by the Los Angeles Dodgers ownership group) to help fundraise for high school athletes and programs.
Sports betting and college sports have yet to develop fully, but Caesars Entertainment purchased naming rights to the Fiesta Bowl and the University of Colorado signed a five-year deal with PointsBet. It is of note, possibly, that the Pac-12 hired George Kliavkoff, a sports gaming executive out of Las Vegas, Nevada to be the commissioner for the conference. Whether Kliavkoff’s hire leads to more entertainment and a higher broadcast premium price and/or sports betting sponsorship deals is likely for the first and less likely for the latter based on California’s current stance on sports betting.
Jeremy Evans writes about Sports Business for Barrett Sports Media. He is also the CEO, Founder & Managing Attorney at California Sports Lawyer®, representing entertainment, media, and sports clientele in contractual, intellectual property, and dealmaking matters. He is an award-winning attorney and industry leader based in Los Angeles. You can learn more about his background online at https://www.csllegal.com. To connect, reach him on Twitter @JeremyMEvansESQ, or by email at Jeremy@CSLlegal.com.
Marty Smith Loves The ‘Pinch Me’ Moments
“I don’t look at it as a talent-based platform. I don’t look at it as a results-based platform. I look at it as a platform that was built and sustained through the way I treat other people, through the work ethic that I believe that I have and through the passion that I know I have.”
I tell this story all the time. It is told for laughs, but it is absolutely true. Marty Smith once gave me a giant box of beef jerky.
I was in Charlotte visiting him and Ryan McGee on the set of Marty & McGee as part of a larger feature I was doing on the SEC Network. We spent probably 3 hours together that day. It was a lot of fun. The last thing I watched the duo shoot was a promo for Old Trapper Beef Jerky, the presenting sponsor of their show.
As they finished, I shook their hands and told them I had to get on the road. That is when Smith presented me with a box of twelve bags of Old Trapper and told me, in as sincere a voice as you can imagine, that he wanted me to have it.
“I mean, listen, if you give a man beef jerky, by God, you like him,” Smith said to me when I reminded him of that story earlier this week. “That’s redneck currency right there, bud.”
There just aren’t a lot of people in this business like Marty Smith. ESPN definitely knows it too. That is why the network finds every opportunity it can to use him to tell the stories of the events and people it covers.
Last week, he spent Monday and Tuesday with the Georgia Bulldogs in Athens. He got a day back home in Charlotte before he headed to Atlanta for the SEC Network’s coverage of the SEC Championship Game on Thursday. Saturday, after his duties for SEC Nation and College GameDay were done, he hit the road for Tuscaloosa to interview Nick Saban and be ready for ESPN’s coverage of the reveal of the final College Football Playoff rankings.
As if that isn’t enough, this week he heads to New York. It will be the second time ESPN will use him to conduct interviews and tell stories during the telecast of the Heisman Trophy presentation. It’s an assignment that Marty Smith still cannot believe is his.
“I’ve had a ton of pinch-me moments, but in the last five, six years, seven years, there are two that kind of stand out above the rest. One was when Mike McQuaid asked me to be part of his team to cover The Masters. The other was last year when my dear longtime friend Kate Jackson, who is the coordinating producer over the Heisman broadcast, asked me to be a part of her Heisman broadcast team and interview the coaches, players and families of the finalists,” Smith says. “You know, brother, I’ve been watching the Heisman Trophy my whole life.”
We talk about what the broadcast around the Heisman Trophy presentation is and how it differs from being on the sideline for a game. He is quick to point out that on a game day, the old adage “brevity is king” is a reality. In New York though, he will have more time to work with. He plans not to just fill it, but to use it.
Marty’s interest in his subjects’ backgrounds and their emotions is sincere. It is part of a larger philosophy. He respects that everyone has a story to tell and appreciates the opportunity to be the one that gets to tell it, so he is going to do all he can to make sure the people he is talking to know it and know that they matter to him. That means putting in the time to be respectful of his subject’s time.
“When I’m interviewing these players or coaches before a game, I want to interview them, and I’m saying not on camera, but when I’m doing the record. I want to get as thorough as I can get. Then you take all of that and you try to pare it down into a very small window. It’s not easy. I mean, look, most of the time you come home with reams of notes that never even sniff air.”
Marty Smith has always been a unique presence. As his profile has grown and he shows up on TV more often and in more places, more people question who this guy really is.
That is par for the course though, right? Someone with a unique presence sees their star rise and out come the naysayers ready to question how authentic the new object of our affections really is.
For me, there is a moment that defines Marty Smith, at least in this aspect. I cannot remember the year or the situation, but he was on The Dan Le Batard Show, back when it was on ESPN Radio. Smith was telling Dan about friends of his that are stars in the country music world and Dan asked what it is like when they are hanging out backstage before one of these guys goes out to perform.
I cannot remember Smith’s exact answer, but a word he used stood out to me. He said it was just buddies having a cold beer and “fellowshippin'”.
I told Marty about this memory of him and said that I am not accusing him of being inauthentic or his persona on television being an act, but I was curious if he was concious of the words he chooses. Even if the version we get of Marty Smith on TV is the same one we would get if we were part of the fellowshippin’, does he think about how he wants people to think about him?
He is quick to note that is isn’t an act at all. What you see when you see Marty Smith isn’t a persona he cooked up when he decided he was going into television. That is just his personality.
“It is a lifelong field from where I’m from to where I am,” he says of what we see on TV. “It is relationships made that pinched my clay and remolded who I was to who I am and reshaped me as a person.”
Anyone from The South can tell you that there is no one monolithic “South”. The gregarious, larger-than-life personalities in Louisiana may not always feel real to people from the more reserved and anglo-influenced South Carolina. The Southern accent I got from growing up in Alabama sounds nothing like the Southern accents I live near now in North Carolina.
If Marty Smith doesn’t seem authentic to you, maybe it is because his version of “Southern” isn’t one you’re familiar with. Maybe it is a version of “Southern” that only exists in one dude on the entire planet.
Smith is from Pearisburg, Virginia just outside of Blacksburg. Surely that informs who he is, but he is also shaped by the wealth of conversations he has had and the characters he has met from his professional life.
“At our company, you have to work really hard to not only make it, but to sustain it. I try hard to do that every day,” he says. “I’m sure I’ve said it before, man. I don’t look at it as a talent-based platform. I don’t look at it as a results-based platform. I look at it as a platform that was built and sustained through the way I treat other people, through the work ethic that I believe that I have and through the passion that I know I have. You piece all of those different things together, and along with opportunity you can do something special, and I’m trying to do that every day.”
The Marty Smith you see on TV is the guy that will hand you a box of beef jerky just because you had a great conversation. He is the guy you see in that viral video from a few years back giving a young reporter advice and encouragement.
You can be confused by Marty Smith. You can have your questions about him and his motivations. They aren’t going to change him though. It took too long for him to become who he is to start second-guessing it now.
Demetri Ravanos is the Assistant Content Director for Barrett Sports Media. He hosts the Chewing Clock and Media Noise podcasts. He occasionally fills in on stations across the Carolinas. Previous stops include WAVH and WZEW in Mobile, AL, WBPT in Birmingham, AL and WBBB, WPTK and WDNC in Raleigh, NC. You can find him on Twitter @DemetriRavanos and reach him by email at DemetriTheGreek@gmail.com.
Another World Cup Run Ends And There’s Still No Soccer Fever In The USA
“We get fired up once every four years, sing the anthem, wear American flag t-shirts, then go back to our daily lives, forgetting about the sport that was attached to the patriotism.”
Soccer fever? Hardly. Not in the United States at least. The US Men’s National Team lost in the round of 16 against the Netherlands 3-1 last Saturday. The ratings are in. And the ratings are revealing.
An average of 12.97 million viewers tuned in to see the Netherlands-United States World Cup match on FOX. Before you say, “Hey, not bad,” consider the fact that the ratings are down from eight years ago when 13.44 million viewers watched the USMNT lose to Belgium in the knockout stage on ESPN.
Even more damning are the ratings of the USMNT’s initial match in the 2022 World Cup against Wales, an unhealthy 8.31 million viewers.
Let me get this straight; fans waited, waited, and waited some more to finally see the USMNT in World Cup action, and the first game in eight years drew 8.31 million viewers? Really?
There were 5.5 million viewers across TV and digital that watched the NFL Network’s telecast of the New York Giants-Green Bay Packers game in London. That was a Week 5 game in the NFL compared to the World freaking Cup. Network television (FOX) compared to cable TV (NFL Network). And the ratings are comparable? Come on, US Soccer. Y’all gotta do better than this.
*Mini rant alert — it drives me crazy when soccer in this country is consistently compared to soccer in this country. The promoters of the sport paint an obnoxiously rosy picture of the growing popularity by comparing US soccer now to US soccer then. It’s a joke.
It would be like comparing Nebraska’s 4-8 record in college football this year, to Nebraska’s 3-9 record last year. “Hey, things are looking up!” Never mind the fact that the Cornhuskers are significantly trailing several teams in its conference and many other teams across the country. That’s US soccer in a nutshell. Don’t compare it to other leagues and sports that are crushing it, just say we’re up 10% from last year. Ridiculous.
*Mini rant continuing alert — the Michigan-Ohio State game drew 17 million viewers last month. The New York Giants-Dallas Cowboys game on Thanksgiving drew 42 million viewers. Those are regular-season matchups compared to the biggest stage soccer has to offer. But go ahead and just compare US soccer to itself.
And no, the edge you might feel in my words isn’t born out of fear that soccer will somehow surpass the popularity of football. That would be like Mike Tyson being scared that the Stanford Tree mascot could beat him up. US soccer isn’t a threat, it’s a light breeze. I just hate a bad argument. And many soccer apologists have been making bad arguments on the behalf of US soccer for years. *Mini rant over
The World Cup didn’t prove that American fans are invested in soccer. It proved that we love a big event. It’s the same recipe every four years with the Olympics.
During the 2016 summer games in Rio, when swimmer Michael Phelps was in the pool for what turned out to be his final outing in an Olympic competition, the ratings peaked at 32.7 million viewers. Phelps helped Team USA win gold in the men’s 100-meter relay and then rode off into the sunset.
We don’t really care about swimming. When’s the last time you asked a friend, “You heading out tonight?” and the response was, “Are you crazy? The Pan Pacific Championships are on.”
Whether it’s the Olympics or World Cup, Americans care about the overall event much more than the individual sport. We get fired up once every four years, sing the anthem, wear American flag t-shirts, then go back to our daily lives, forgetting about the sport that was attached to the patriotism.
Ask yourself this, at the height of US swimming’s popularity, would you have paid $14.99 per month to watch non-Olympic events? Me either. US soccer isn’t exactly on fire following its showing in the 2022 World Cup, so the timing isn’t awesome to introduce a paywall for the sport’s top league in this country.
Apple and Major League Soccer have announced that MLS Season Pass will launch soon. I know you’re excited, but try to stay composed. Yes, MLS Season Pass will launch on February 1, 2023. It’s a 10-year partnership between MLS and Apple that features every live MLS regular-season match, the playoffs, and the League’s Cup.
Have I died and gone to heaven?
It’ll run you $14.99 per month or $99 per season on the Apple TV app. For Apple TV+ subscribers — make sure you’re sitting down for this, you lucky people — it’s $12.99 per month or $79 per season. If you don’t have US soccer fever right now, I doubt you’re running out to throw down cash on a product you aren’t passionate about.
Now if the USMNT won the 2022 World Cup, cha-ching. The popularity of US soccer would definitely grow in a major way. Even if they had a strong showing while reaching the quarterfinals, the momentum would be much greater. But a 3-1 loss to the Netherlands in the group of 16? Nope. This isn’t it. I don’t expect much more than some tumbleweed rolling by instead of cash registers heating up for MLS Season Pass.
Colorado Hiring Deion Sanders Will Be Constant Gift for College Football Media
“If Coach Prime achieves the same sort of success that he did with the Tigers, he will be far more than a curiosity. Sanders will be a disruptor.”
Deion Sanders quickly made it clear why the University of Colorado chose him to be its next head football coach.
Coming off a weekend in which the four College Football Playoff teams were announced and all of the other bowl-eligible teams accepted their invitations, Colorado — which went 1-11 this past season — made news for hiring Sanders, the former NFL star who was phenomenally successful at Jackson State.
The media that covers college football and sports as a whole should be thrilled that the Buffaloes program decided to take a big leap for attention and notoriety. Sanders is a bold, risky hire. But he’s also been successful in virtually every venture he’s taken. “Primetime” had a Hall of Fame NFL career and also played Major League Baseball. And he’s a master at drawing attention to himself.
During his first meeting with his new team, Sanders made sure to mention that he has Louis Vuitton luggage to make the point that some of his Jackson State players are coming with him to Boulder — including his son, quarterback Shadeur Sanders. Nick Saban and Kirby Smart probably don’t cite luxury fashion when explaining to their players that they’ll have to compete for starting positions.
Coach Prime will not be boring to cover. (That self-appointed “Coach Prime” title, which was on his name plate at his introductory press conference, is a big clue there.) He never has been. This is a man who said during the 1989 NFL Draft, after being selected No. 5 overall by the Atlanta Falcons, that if the Detroit Lions had selected him at No. 3, he “would’ve asked for so much money, they’d have had to put me on layaway.”
Even if he doesn’t win as much as Colorado hopes, Sanders will pursue top talent — players who want to perform on a larger stage than the FCS-level Jackson State allows — and impact athletes will be attracted to him. He got the No. 1 recruit in the nation, cornerback and wide receiver Travis Hunter, to play for him. (Hunter is following his coach to Boulder.) Now that Sanders is at an FBS school in a Power 5 conference, more stars will surely come.
But if Coach Prime achieves the same sort of success that he did with the Tigers — going 27-5 in three seasons, including a 12-0 campaign in 2022 — he will be far more than a curiosity. Sanders will be a disruptor. And he’ll get the attention that such figures typically draw from media and fans. According to the Denver Post‘s Sean Keeler, at least 400 people attended what felt more like a celebration than a press conference.
Coach Prime wasn’t going to just win the press conference, which is what any school and fanbase want when a new coach is introduced.
If Colorado wanted someone to sit at a podium, and give platitudes like “We want to win the Pac-12 and get to the College Football Playoff,” “We’re going to build a program with young men you’ll be proud of,” or “It’s time to restore Colorado to the football glory we remember,” Sanders isn’t the guy for that.
“Do I look like a man that worries about anything? Did you see the way I walked in here? Did you see the swagger that was with me?” Sanders said during his introductory presser. “Worry? Baby, I am too blessed to be stressed. I have never been one for peer pressure. I put pressure on peers. I never wanted to worry, I make people worry. I don’t get down like that. I am too darn confident. That is my natural odor.”
To no surprise, Sanders announced his presence in Boulder with authority. He had cameras following him as he met with Colorado players for the first time. How many other coaches would have recorded what many would see as a private moment for posterity and post it online?
Sanders caused a stir by putting his players on notice. He warned them he was coming, telling them they’ll be pushed so hard they might quit. He told them to enter the transfer portal and go someplace else if they don’t like what he and his staff are going to do.
That candor, that brutal honesty surprised many fans and media when they saw it Monday morning. For some, that message might have felt too familiar. How many in media — or many other industries — have worried about their job status when a new boss takes over? What may have seemed secure days earlier is now uncertain.
But how do we know other coaches haven’t said something similar when taking over at a new job and addressing their team? We just hadn’t seen it before. But Sanders has been in the media. He knows social media. He understands controlling his own message and telling his story.
Sanders also knows what kind of value he brings to any venture he takes on. How many people would have left an NFL Network gig for Barstool Sports? But Sanders went to where his star would shine, where he was the main show, where he could be Deion Sanders. Maybe he’ll have to turn that down just a bit at Colorado. But athletic director Rick George knows who he hired.
Colorado could have made a safer choice, including previous head coaches Tom Herman, Bronco Mendenhall, or Gary Patterson. A top assistant from one of this year’s Playoff contenders — such as Georgia’s Todd Monken, USC’s Alex Grinch, Alabama’s Bill O’Brien, or Michigan’s Sherrone Moore — could also have been an option.
But what fun would that have been? What kind of tremor would Colorado have created in the college football news cycle? How much attention would a more conventional hire have received? Yes, Sanders has to recruit and win. However, if the objective was to make Colorado football a talking point again, that’s been accomplished.
There could be some friction too. Sanders has already been criticized for being a champion of HBCUs, only to bolt for a mainstream Power 5 program when the opportunity opened. (To be fair, other columnists have defended the move.)
At Jackson State, Sanders tried to control local media when he didn’t like how reporters were addressing him or covering a story. Last year during Southwestern Athletic Conference Media Day, he balked at a Clarion-Ledger reporter addressing him as “Deion,” not “Coach,” insisting that Nick Saban would’ve been shown that respect. Earlier this season, Sanders admonished a school broadcaster (and assistant athletic director) for speaking to him more formally on camera than he did off-camera.
Will that fly among Boulder and Denver media, or the national college football press? It’s difficult to imagine. Maybe Sanders will ease back on his efforts to control reporters within a larger university environment, metropolitan area, and media market. But we’re also talking about Deion Sanders here. He doesn’t bend to outside forces. He makes them bend to him.
Sanders’ stint in Boulder — whether it lasts the five years of his contract and beyond, or less than that — will not be dull. There could be no better gift for the media covering Colorado football. Or college football, a sport already full of bold personalities, eccentric to unhinged fanbases, and outsized expectations. Coach Prime will fit right in.
Ian Casselberry is a sports media columnist for BSM. He has previously written and edited for Awful Announcing, The Comeback, Sports Illustrated, Yahoo Sports, MLive, Bleacher Report, and SB Nation. You can find him on Twitter @iancass or reach him by email at firstname.lastname@example.org.