COLUMBUS, Ohio –– A bill that would grant collegiate student-athletes the right to monetize their name, image and likeness was introduced in the state of Ohio on Monday.
Ohio Sen. Niraj Antani (R-Miamisburg) announced during a joint press conference with Ohio State athletic director Gene Smith at the Covelli Center on Ohio State campus that the bill, which has an effective date of July 1, will allow student-athletes to profit off of certain endorsements if their respective universities are given 15 days’ notice.
“There’ll be a number of student-athletes who will change their families’ lives, and the pressures of trying to pay the bills of higher education,” Smith said. “I can’t stress that enough.”
Student-athletes would be able to hire agents to assist in these endorsements, but could not, however, receive deals related to marijuana, alcohol, tobacco or casinos, per the bill.
Antani said his “legislative agenda” was derailed by the COVID-19 pandemic, or else legislation in the state may have been introduced earlier. Antani said Ohio was one of just 11 states that had yet to take any legislative steps towards name, image and likeness rights.
Five of the 16 states that have passed name, image and likeness policies will see that legislation go into effect this July, Antani said.
“I strongly believe that students have an inherent right to their own name, image and likeness,” Antani, an Ohio State alum, said. “I saw students –– even who are on scholarships –– struggle to get by, including some of the biggest names. It’s important to remember that not every student-athlete is on a scholarship, and therefore has a restricted ability under the current rules and laws from benefiting from their own name, image and likeness.”
Smith said despite the introduction of the bill in Ohio, federal legislation on the matter is still important. Smith said he believes previous NCAA legislation regarding name, image and likeness rights should already have passed.
If passed, the Ohio bill would supersede the ability for any university or the NCAA to bar or penalize student-athletes from receiving benefits from their name, image and likeness, as outlined in the bill.
“Not every student will get a Nike deal or a Coke deal,” Antani said. “Many of these will get deals back home in their hometown, where they’re significant...their local automotive dealer may want them to appear in an advertisement. Their local bookstore may want them to do a book signing. Their local restaurant may want them to appear at an event.”
Antani said he contacted Ohio State a year-and-a-half ago to begin discussions about the bill, and that former head Buckeye football coach Jim Tressel, now the president of Youngstown State University, was also instrumental in formative conversations about the bill.
Smith said the 15 days’ notice that the bill requires student-athletes to give their universities is not so that administrators could approve or veto particular deals, but so that they could help student-athletes understand how deals will be set up, and how it could impact their personal brand.
“This is not an institutional pay-for-play. The market is deciding and they’re earning their own paycheck, their own value,” Smith said. “I personally believe that the Olympic-sport athletes will actually benefit a lot more than some of the other sports.”
Smith said the Ohio State athletic department will spend the month of June educating student-athletes about the process of monetizing their name, image and likeness in advance of the bill's impending approval.
“Of course our student-athletes are gonna be excited about this, and the ones I’ve talked to personally, they’re anxious, they’re jacked up, they have ideas, they’re setting themselves up,” Smith said.
