COLUMBUS, Ohio (WCMH) -- Millions of dollars in name, image and likeness deals for student athletes have been made in Ohio since it first became legal to do so back in 2021, and now Ohio lawmakers are looking to bring clarity to the law.
“We're working, after looking at other states, especially down in the SCC states, what we can do to get rid of red tape, legislative issues and legal problems so that our student athletes can succeed,” Rep. Adam Mathews (R-Lebanon) said.
“Players are going to be paid no matter what,” Rep. Jay Edwards (R-Nelsonville) said. “Our universities should not have to jump through these extra hoops that they're having to jump through to ensure that are that our athletes are receiving the compensation that they deserve.”
The bill, introduced on Wednesday, is sponsored by Mathews and Edwards. They said one goal of the legislation is to ensure all universities are clear on the law and don’t have to be overly cautious.
“I think everyone openly admits this gray area exists. (Ohio State has) always sided on the side of caution. I think they've done a great job in doing that," Edwards said. "And I think every university in Ohio right now is interpreting these laws differently.”
“This law is unfolding right in front of us,” Mathews said. “It is even more crucial for our universities to ensure that our student athletes are not put into a trap.”
The new bill would allow universities work directly with student-athletes and the NIL Collective to eliminate some of the hurdles to compensation. Mathews said this bill should also help bring top tier athletes to Ohio schools.
“We expect that this will help recruitment,” he said. “The legislation here is modeled after both Virginia’s and Missouri's plans that they've done, too, which have really had a great impact for them."
Both representatives said this is needed to protect Ohio athletes. Edwards said, for example, he can see a situation where a small, local business wants to partner with an athlete, but without clarity to the law, it could mean things go awry.
“I can see a moment down the road or in the near future where we find one of these athletes or one of these businesses or the institution itself in one of these gray areas and a lawsuit happening,” Edwards said. “And it's a big story in the middle of the season. We're trying to simplify this by saying what is legal, what is not legal.”
The bill also adds protections for universities and employees. It states no state institution or employee “of higher education, private college or supporting foundation is liable for any damages that result from a student-athlete's inability to earn compensation for use of the student-athlete's name, image or likeness.”
“That is the standard that we have seen in other states,” Mathews said.
It also says a student-athlete cannot use any of the following that belong to the university to further their opportunities for NIL: facilities, equipment, apparel, uniforms, intellectual property including logos, products protected by copyright and registered or unregistered trademarks.
“It is very clear on who owns the intellectual property within the name, image and likeness zone that you can't use the uniform or the insignia or the logos without permission from the university,” Mathews said. “But with these types of contracts and the university now working with the collaborative, those can then be licensed so that everyone can really benefit from that co-working space.”
NBC4 reached to five universities across the state and asked if they feel legislation to this effect is necessary. Only a spokesperson for The Ohio State University responded, saying, “we look forward to reviewing the legislation.”
The bill was just introduced a few hours ago, so it awaits a number and committee assignment once lawmakers are back to session, likely in mid-November. The bills’ sponsors say they are hopeful the legislation can pass when session starts back up.
