Mit Winter Featured as Expert in Article on College Athlete Name, Image, and Likeness Laws
College sports journalist Matt Brown highlighted Mit Winter as an expert on college athlete name, image, and likeness compensation in an article for his Extra Points newsletter. Topics covered include Florida’s new college athlete NIL law, similar laws in other states, and where things are headed with the NIL issue in the future.
“Winter points out another important distinction though, that could potentially limit what an athlete might make. SB 646 has a clause that reads:
An intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness.
A little later in the bill, it also states that,
such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.
So, the TL;DR here is that the law states that you can’t pay an athlete a gazillion dollars to appear in one tiny Facebook ad, and that any compensation has to be provided by a third party that isn’t affiliated with the school.
But who gets to determine what fair market value is? And how do you define “unaffiliated”? What kind of booster does that mean?
Winter adds “even the Colorado and the California rules don’t have that, and even in the NCAA proposal, you’re not completely restricting booster payments.”
To read this article in full: https://mattbrown.substack.com/p/after-florida-whats-next-for-name
More About Kennyhertz Perry’s Collegiate Sports Practice Group
The need for an attorney experienced in collegiate athletics has never been higher. From assistance with compliance, eligibility, scholarship, and transfer issues, to advice and representation relating to the newly emerging name, image, and likeness laws and legislation, universities, conferences, coaches, and college athletes often need an attorney to advocate on their behalf and to assist and advise on these types of issues.
The team at Kennyhertz Perry is uniquely suited to guide universities and college athletes through all of these types of issues with respect to the multitude of rules and laws set forth by the National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), and the National Federation of High School Athletic Associations (NFHSAA).
The attorneys at Kennyhertz Perry all have years of experience advocating for clients in high stakes matters and advising them on related issues. In addition, and most importantly, attorney Mit Winter is a former Division I scholarship basketball player with extensive experience working on collegiate athletics legal matters. Mit has first-hand experience in understanding the pressures and demands faced by college athletes both on and off the field, and has represented a number of sports-related clients in his practice, including the Big 12 Conference, Conference USA, and the NCAA.
Mit is widely regarded as an expert in collegiate sports law and frequently writes on these legal issues. He is also the founder and chairman of the Kansas City Metropolitan Bar Association’s Sports and Entertainment Law Committee and serves as a Regional Captain in the states of Kansas and Missouri for the Sports Lawyers Association’s (“SLA”) Outreach Committee.
Kennyhertz Perry’s college sports practice provides representation to those who are seeking an attorney with expertise to advise them on the myriad legal and compliance concerns prevalent in college athletics today. To learn more about the firm, visit kennyhertzperry.com.
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