NittanyFan

August 4th, 2022 at 1:55 PM ^

Right.  

Phil Mickelson's beef with the PGA Tour has a lot of its roots in this --- the PGA Tour says they own the video highlights of the players' shots.  Mickelson thinks that HE should be able to monetize  them.

Ditto for the other sports leagues.

Now, college football players aren't making $40MM a year like Mickelson.  But at its core, this is the same exact issue.

Sambojangles

August 4th, 2022 at 2:17 PM ^

They could have a buddy on the sideline take videos and post those for ad money, I suppose, instead of using the ESPN/FOX feed which they do not own. Not sure how the university and other trademarks being on the uniforms/field/stadium play into this. 

I thought the whole point of NIL laws was to prevent the schools/conferences/NCAA from restricting the players' use/sale of their own NIL. In other words, the laws tried to guarantee that players could exploit their own NIL, but it's unclear how that interacts with existing IP law when it comes to the coincidental rights of the school marks and broadcast rights. 

HighBeta

August 4th, 2022 at 2:38 PM ^

Correct. The broadcast rights are held by the broadcaster whose owned/leased equipment captured that transmitted or stored action. We'd need to understand what the stadium's (and team's?) regs are relating to the recording of events held within same; that is, can I capture plays on my phone and then broadcast them on YouTube, Twitter, etc.?

Interesting set of questions.

M-GO-Beek

August 4th, 2022 at 4:54 PM ^

And even if you are allowed to have a friend video it from the sideline/stands, is it OK to use the school's uniform/logo in the video for monetary purposes? Does the visiting team get a say in it if their player is also featured in the video?

Sounds like a great idea, but seems like there are some issues.