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August 11, 2025 56 mins
Four-part series: "Power Plays: The NIL Era in College Sports."

From Shadows to Spotlight: How We Got Here. For years, college athletes gave everything: time, talent, health, and likeness while helping build a billion-dollar industry that initially focused on revenue from issuing degrees. This first segment breaks down the why and how behind the rise of NIL rights, starting with the overlooked resistance that came long before TikTok deals and jersey sales. We'll revisit key court cases like O’Bannon v. NCAA and examine how the terms “student-athlete” and "amateurism" were crafted not to honor players, but to protect the system. This is the foundation. This is the fight that shifted power. If you’ve ever wondered why NIL matters or how we got here, this is your must-listen introduction. It’s not just legal history, it’s the backstory of a movement. And the more you know, the better equipped you’ll be to make smart, empowered decisions in this evolving space.

🧠 Tune in ready to learn, reflect, and reframe what you thought you knew about NIL in college sports.
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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Oh there was a time people counting me out put
their MoU me I'm walking sun out.

Speaker 2 (00:22):
I got to know and know what that says. But
when I believe that God's my day, I don't need
you to bother me. I know who I help, I'm
created and me and I'm better reflect what.

Speaker 1 (00:45):
My eyes did to see all the witness cyphosis. Unless persibility.

Speaker 2 (00:58):
Know w as s pau should I get me? Is
no time really spend for the outside all settle window that.

Speaker 1 (01:26):
Boy is the insulents still isself.

Speaker 2 (01:29):
Paying delition, scay all these simple Monday by something not
take your mind the pay you'll buy your pleas think
you what following this play head plea of die all

(01:50):
then it's nine.

Speaker 1 (01:52):
I was to reflet from.

Speaker 3 (02:03):
Welcome welcome to another segment of the seek elevation experience
with yours truly, attorney Alakeisha. Yes, I am an attorney,
but I may not be yours. So anytime I talk
about the information, and it may be legal information, it
is not me giving you legal advice if I don't

(02:25):
know your specific situation, but it is me giving you
legal gems to take and dig more with so that
you can be empowered.

Speaker 4 (02:36):
But right here on the SEAK Elevation experience.

Speaker 3 (02:40):
What we do is we talk about real issues, real people,
real conversations. That is what takes center stage. And we
talk because change doesn't happen in silence, and we cater
to we service, we empower, We elevate individuals from sports
and entertainment to business and community. We just elevate voices

(03:05):
that need to be heard, and we elevate ears that.

Speaker 4 (03:09):
Need to hear those voices.

Speaker 3 (03:12):
But here at the Elevation, we don't just inspire. We
also challenge the status quo because when we're comfortable, there's
usually no growth. Uncomfortability typically produces growth. Usually I will
bring in we're not usually really throughout the segment, there

(03:33):
are times where I bring in special guests to share
their real issues. Of course, they're real people and we
have real conversations between us, and you also engage by
posting any type of questions or comments you have as well.
But then there are times that I have to take
center stage because there's certain topics and information that I

(03:57):
want to convey using my college, my expertise, real world
experience and.

Speaker 4 (04:03):
What have you.

Speaker 3 (04:04):
And today is one of those particular days. Actually the
month of August. Each Tuesday this month, I'm going to
dedicate to this series, the series called power Plays, the
nil era and college sports. And this is very important
right now, and this is why I wanted to take
a break and address it, because effective July one, twenty

(04:28):
twenty five, it became office show. After there was a case.
There was a settlement that was produced due to a
case the House versus NCAA, and in that settlement there
were a lot of things that were agreed upon. That's
what a settlement is between both sides, between the defendants

(04:52):
or the NCAA. The Power five the plaintiffs was a
class action. It was student athletes. They merged some cases together.
But also those student athletes were representing all Division one
athletes that were on Power five schools. And of course
athletes had an opportunity, according to this settlement, to opt

(05:18):
out of it if they didn't want to, you know,
follow what the final settlement was. But overall, that settlement
kind of laid the groundwork and it went into affect
July one, and a lot of things happened since then,
and I knew for me dissecting that settlement, it wasn't
going to be over it was going to be far

(05:39):
from over.

Speaker 4 (05:41):
But as we continue to ride this, this is not
even away, this tsunami the wild Wild West. We need
to be prepared.

Speaker 3 (05:52):
Whether you're someone who's directly affected by this NIL era,
someone who's indirectly affected. Whether you're athletes, someone representing an athlete,
you are a parent, you're a coach, you're someone that
has a young child that's going that's an athlete that
may want to grow up.

Speaker 4 (06:10):
And attend.

Speaker 3 (06:13):
A Division one school Power five. But to be honest
with you, this is where it starts at with the
Division one Power five.

Speaker 4 (06:19):
It is definitely just like it did in the past.

Speaker 3 (06:21):
It's going to be mirrored at other divisions, other type
of organizations. In j c AA, n ai A, they're
just going to look to the NCAA, And to be
honest with you, though the NAIA had more of control
on this NIL situation if we really go there.

Speaker 4 (06:40):
But this is going to be important.

Speaker 3 (06:42):
This series is going to be important for you because
competence is important where anytime we navigate anything where especially
money is.

Speaker 4 (06:51):
Exchanging hands, you want to be empowered.

Speaker 3 (06:55):
And so I decided to give you my expertise, something
that that you know people will pay lots of money
for I figured you will pay with investment of your time,
and you also share. And there's some things that I
wholeheartedly believe we're empowered with in order to empower others.
And this is one of those things. Because this is big,

(07:18):
this will affect not just athletes directly, it affects all
of us.

Speaker 4 (07:23):
This is a huge transition. So today's segment.

Speaker 3 (07:29):
Of the four part part series is called from Shadows
to Spotlight How we got here. So I'm going to
just talk about the background of it a little bit.
And that is very important why because foundation is always
important no matter what we do. We need a foundation

(07:50):
in order for us to show up fully. We can't
just show up in the midst of something and catch
things as people are dropping them. We if we're going
to show up powerfully and we're gonna illuminate in this,
we have to have a foundation. You wouldn't buy a house,

(08:11):
move into a house unless it had a strong foundation,
would you. You don't want to have it sinking or
go into some type of sinkhole or something. You you
want a foundation whatever area that if you're in a career,
you want to found you want foundational knowledge of how
you're showing up in that particular role. That's how you

(08:32):
set yourself apart. And so we are going to start
with the foundation before we move into anything else. Before
this nil became, you know, a buzzword in the collegiate
sports space, ni L is something that has always been

(08:54):
there and always been important in every sector, entertainment, ontorepreneurship,
even you who work. Employer, your employee, your name, image
and likeness, organization's image, all of that stuff that is
the foundation of business.

Speaker 4 (09:14):
So this is important.

Speaker 3 (09:16):
Just because it opened up in college space doesn't make
it new.

Speaker 4 (09:23):
So let's get into it.

Speaker 3 (09:26):
I'm going to break up these four segments, make it
digestible because, to be honest with you, this is a
very complex and a very dense topic. I recognize that,
and especially coming from the legal perspective, it can be
who overwhelming. I'm not gonna do that. We're gonna break
it down, We're gonna dissect it. That's the reason why

(09:48):
I'm doing four parts instead of just doing one. But
even in each segment, I'm gonna try to just get
right to the point and dissect what you need to
know to walk away with.

Speaker 4 (09:59):
So let's get into to it.

Speaker 3 (10:01):
Like I said, before nil became this buzzword, before all
the sponsorships, the TikTok deals, before we was telling athletes,
you know, you are a brand, all the hashtags and
everything else, athletes were already speaking up.

Speaker 4 (10:23):
This has been a conversation, a fight that has been
going on for a long time. You need to know this.
That makes a difference how you show up. This is
not recently new. This is years and years and years back.

Speaker 3 (10:41):
They was just showing up without the notoriety, without the platforms.

Speaker 4 (10:45):
They didn't have all of that.

Speaker 3 (10:47):
They didn't even have the terminology that we have now
due to the constant fights in the terminology that was
lended to us during those fights. But they're definitely was
fight already before these recent times. And like I said,
that fight was just often ignored, It was dismissed, it

(11:08):
was shut down because it happened behind four walls. Meanwhile,
the NCAA, you know, continue to profit off of performances
and all the things under the shield of ammor tourism.
And we're gonna talk about that. That's one of the
things we're gonna talk about the history of it, because

(11:29):
you need to know, and you need to take some notes.

Speaker 4 (11:31):
You need to write this stuff down. There's some keywords
you need to know you're.

Speaker 3 (11:36):
Dealing with these conversations, especially if you're representing an athlete.
You athletes, you need to know. No one can represent
you more than you represent yourself. Please know that I'm
speaking from athlete to athlete with that. But if you're
representing athletes, if you have an athlete, there's things that
you need to know. And amor tourism is this word,
right that you really need to know. That's an NCAAA

(11:56):
big word, and we're going to talk about that. And
of course being a student athlete is a term you
need to know, NCAA word, and collegiate word sportsword and
you need We're going to talk about that. But before
we get into all of that, we have to go
back to the start. And that's what we're going to
do today. Go back to the start, go back to

(12:18):
the beginning to understand.

Speaker 4 (12:20):
How we even got here.

Speaker 3 (12:23):
Before we can talk about anything else, we need to
talk about this information because it directly affects control and competence.
One side wants complete control and the other side needs
to have complete competence in order for this to move correctly.
So we're going to go back for those who need

(12:45):
the competence that's facing head on with those who want
the control. So we know that July twenty twenty one
is when it became really huge for us in Common Station.
It really started hitting you know, social media blogs, all

(13:10):
types of ride ups. It became big. It was on
all types of podcasts, other type of shows. I mean
ber Lebron James had Governor Newsom on there.

Speaker 4 (13:20):
It was really big.

Speaker 3 (13:22):
But like I said, the story of NIL didn't start
July twenty twenty one. It started in It definitely started
in courtrooms. It started in locker rooms with the quiet
resistance that deserved to be heard. It started a long
time ago, and I want to just give you the
perspective of how long. I mean, back in nineteen forty one,
there was this former collegiate All American athlete football player.

(13:50):
His name was Davey O'Brien. After college, he played for
the Philadelphia Eagles as well. He sued because he saw
his photo that a bear company used. A beer company
had his promotion going on and had calendars and all

(14:10):
types of stuff, and they use O'Brien's photo of him
holding a football like he was going to throw it,
and he was in that pose in his TCU.

Speaker 4 (14:23):
Uniform the college he went to.

Speaker 3 (14:25):
He went to TCU, he was posing in that like
he was preparing to throw football, and this company had
his photo, his image without his permission at all, and
so he sued because of that. Not only did he
sue because they were using his name, image and likeness,

(14:45):
didn't pay him, didn't get permission, he also sued because
he was a face of a nonprofit organization that service youth.
You know, he was someone that was tied to just
being a role for the young individuals, and for him,
he felt like that wasn't a good look. I do

(15:07):
not want to be out here promoting this beer. I
don't drink this beer, but I don't want my name,
image and likeness tied to this at all. So he
sued for that reason, not just monetary, and what the
court said was, you know, the final holding. He lost,
and the court said, listen, you want notoriety, you want attention.

Speaker 4 (15:32):
You want fame.

Speaker 3 (15:33):
You're a football player, play collegiate sports. That's what you want, NFL,
that's what you want. This right here helps you get notoriety.

Speaker 4 (15:45):
You're getting what you want. What's the big deal? And
so he lost it.

Speaker 3 (15:51):
He lost his fight because that's how the court felt.
And mind you, I started nineteen forty one name, image
and likeness. So let's get into amateurism and we're gonna
talk about student athlete. But before I do that, I
want to paint this picture to you and I want
something to really listen. I want you to really get

(16:13):
this because one thing that we're saying a lot now
is listen, athletes, just focus on going to school.

Speaker 4 (16:21):
Be happy you have the opportunity, You have a privilege
to go to school.

Speaker 3 (16:27):
Mind you, some people get scholarships, some get partial scholarships,
some don't, some are paining to be there.

Speaker 4 (16:34):
But the narrative is be appreciative.

Speaker 3 (16:37):
It's academics is about academics.

Speaker 4 (16:40):
Chill out with this fight. You're mixing too much again
as if this is new.

Speaker 3 (16:47):
But this amateurism, student athlete, those coin terms, We're gonna
look at why that even became a conversation. We're gonna
look at how leverage had to do with that, how
profit had to do with that. College athletics was never

(17:07):
just about sport. Listen to what I'm saying, Ketch, this
college athletics was never just about sports. It was about business.
What are you saying, Alakeisha. Let's back up to eighteen
forty three. This is really important. I'm only going to
give you the start.

Speaker 4 (17:28):
You have a start.

Speaker 3 (17:29):
You had a key case I talked about when you
see that, it was already a fight. But let's talk
about the start of college athletics.

Speaker 4 (17:37):
When we're looking at.

Speaker 3 (17:39):
The American collegiate athletics and how we began, we have
to go back.

Speaker 4 (17:48):
To two different groups. We have to go back to students.

Speaker 3 (17:54):
That attended Yale University, and we have to go back
to students that attended Harvard University. Well Yale University, you know,
because you already had students that were in college. And
humans are gonna be humans. We can't just be here
just for this.

Speaker 4 (18:12):
We're going to create some extra curricular activities. We need
an outlet. We are walking gifts. We need an outlet.

Speaker 3 (18:21):
And so these Yell students formed a boat club, and
they had this boating club and you know, did their thing.
And then their competitor school, Harvard, said shoot, we're gonna
follow suit. They got a voting We're not just competing academically,
that's one thing.

Speaker 4 (18:37):
But they have this outlet, a voting club.

Speaker 3 (18:40):
We're gonna create one as well, and so they did,
and these two universities had these voting clubs, and then
they decided, hmm, let us stage our first competition against
each other.

Speaker 4 (19:00):
This was eighteen fifty two and they started forty three.

Speaker 3 (19:03):
So we fast forward about nine years or so, let
us stage our first competition against each other. Not just
you know, quietly, let's do it nationally. Let's go big,
because that's.

Speaker 1 (19:17):
What we do.

Speaker 4 (19:18):
We go big, Yale, Harvard, we go big.

Speaker 3 (19:20):
So we'll take our voting clubs and we'll compete against
each other and we'll call it the race.

Speaker 4 (19:29):
And that's what they did. They called it the race.

Speaker 3 (19:32):
They was promoting it nationally, and it was done on
a lake in New Hampshire. But this was bigger than
school pride and competing right because a company caught wind
of this as well. A railroad company caught wind of this,

(19:55):
and the owner said, listen, we need to promote train travel.

Speaker 4 (20:02):
We need huge promotion.

Speaker 3 (20:04):
They do the type of promotion they already done whatever,
but they seen this was big with Yell and Harvard
and they're voting clubs, competing and garnering national attention.

Speaker 4 (20:14):
We can use the race to promote our railroad company.

Speaker 3 (20:22):
And so the railroad superintendent approached these students and did
a deal and said, listen, we will offer all you
athletes all expenses, pay trip. We'll put together a lot
of lavish prizes to give you. And because this is

(20:46):
how athletes warrior just back then, it's just what they did.
We'll give you unlimited alcohol. Yes, we'll give you all
of these things.

Speaker 4 (20:55):
If you allow us to plaster.

Speaker 3 (20:59):
The image and likeness of our railroad company in this competition.
We can promote our train travel and all the great stuff,
and we can attach it to this will give you
all these things. That's where it started, ladies and gentlemen.
It started not with schools offering a sport, that's one.

(21:21):
It started with the students creating a club.

Speaker 4 (21:26):
And it started with an offer from an entity that's
seeing the.

Speaker 3 (21:34):
Value and the students competing on a national level that
was garnered, garnered, garnering national attention, and offering in them
all of this stuff.

Speaker 4 (21:45):
So let that sink in.

Speaker 3 (21:47):
Please, can we start there so you have the competition.
When someone says just focus on this. It didn't start
that way.

Speaker 4 (21:54):
It never did.

Speaker 3 (21:56):
The first college sports event was a corporate promotion with
This is what you're able to tell people now. This
is if you ever tell yourself. The first college sports
event was a corporate promotion with perks. And from that contest,
the spectacle of college sports continue to obviously grow steadily.

Speaker 4 (22:22):
To become the multi billion dollar industry that it is now.

Speaker 3 (22:26):
And when we talk about currently in this NIL era,
one of the things that came along with that is
this transfer portal.

Speaker 4 (22:35):
Right back when I went to.

Speaker 3 (22:39):
College as a student athlete, when we transferred, there was
a process, there's this paperwork, you had to be released, you.

Speaker 4 (22:47):
May have to sit out.

Speaker 3 (22:48):
But with the NIL era, there's this transfer portal where
people jumped out right, didn't even understand the whole thing.
Some people got stuck in there, a lot of people,
a lot high numbers, I believe seventy five percent. It's
usually only work if you really kind of know someone's
looking at you and you're using that portal to transport,
versus you just jumping out. But anyways, that went crazy,
the transfer portal. But imagine something even crazier than the

(23:11):
transfer portal. Back then, athletes were able they were allowed
to just transfer from school and transfer back in. It
was called cameo appearances. Athletes were allowed to make cameo appearances.
They were able to leave the college they were at,
choose the college that they want to help, you know,

(23:32):
play against whatever opponent, helped them win against that rivalry school,
transfer there, helped them win a big game, and then
go back to the school that they were at. Those
were called cameo appearances. It was wilder than the transfer portal.
So this they were able to do all of this stuff.

(23:52):
And when colleges started to see how students, how athletes
were gone, tosh garnering attention and actually making other students
more attracted to that other school.

Speaker 4 (24:07):
If they were you know, great in what they're doing,
especially football. Football.

Speaker 3 (24:11):
After voting, football became a big thing, right, caught a
lot of attention with football, and it was crazy back then.
But it became a bidding war, bidding war between schools
on bidding to get these athletes to come to their
school and star players, standouts. They were lord with promises

(24:31):
and money, jobs, all types of perks as well. So
the institution started to see hmm, This is a good
thing that's going on here.

Speaker 4 (24:46):
Sports built up.

Speaker 3 (24:47):
You know, we want people to come to us for academics.
Some people will whatever, but we're getting way more people
interested in coming to our institutions because of these extracurricular activit.
So now let's go ahead and talk about so you
have that backdrop on there. Sports always it was never

(25:09):
about college. It was about the athletes, their extracurricular and
then money and things were tied to it because the
value was seen in it. Schools even started participating in
that bidding war. But let's talk about how then, why
where did a student athlete time come from? Because that's
not what they were called. Then where did this amateurism
term come from? We'll talk about that. Remember I told

(25:31):
you that after voting football came it was wild. There
were a lot of deaths. There were no guardrails, there
was no structure. Again, you have students that want to outlet.
All these guys just bang up, banging against each other,
no protection. They could pick each other, slam each other,
throw each other across the field, I mean hurt each other. Seriously,

(25:54):
there were hundreds of deaths, thousands of injuries, to the
point where the president at that time was called in
to do something about this.

Speaker 4 (26:03):
It was really crazy, but.

Speaker 3 (26:09):
They decided to form the Intercollegiate Athletic Association of the
United States to get some type of rain on this.

Speaker 4 (26:18):
We can't there's a lot just leaving it in and
control of the students.

Speaker 3 (26:21):
So to put some you know, I don't know, shackles
on here and lock it down when we want it,
we have to create something. And that's where the IABAUS
was born. Even though it was born and it was
on paper looking like there was some type of guard rails,

(26:42):
it was just that on paper, there was still money
being exchanged. There was a little bit more organization and
structure because at that time, like I said, the President
said either you fixed this or we're shutting it all down.
So there was more structure, but it really didn't put
the shackles or the rains on anything. And that was
between nineteen oh five nineteen oh six. But then in

(27:03):
nineteen eleven, the i DOUBLEAUS became what we know the NCAA,
and the NCAA said, okay, we're gonna start codifying a
lot of things now, the meaning putting things on paper
and really trying to enforce these things, and there were

(27:27):
a lot of lawsuits going on then because of these injuries,
because of these deaths, and although they weren't student athletes
deemed then at that time, yet they were students at
these universities that were causing these deaths and these injuries,
but they were still suing because they were at these universities.

(27:49):
So wait, these colleges were like, hold on, hold on,
hold on, we do not want to be responsible for
these deaths we or injuries. We don't want to be
paying workers' compensation to these students. We don't want to
be disseminating any type of benefits at all to these students.

Speaker 4 (28:10):
We don't want to be vicariously liable, meaning.

Speaker 3 (28:15):
To break that down, if you are an employer and
your employee does something under the scope of working for you,
if they do something, you are.

Speaker 4 (28:25):
Liable by that relationship. And so they didn't want to
be liable.

Speaker 3 (28:30):
So in these court cases, and it was a very
notable one, and that's where this ideal and identity came
up about being a student athlete. And that happened in
nineteen fifty with this case, and the student athlete wasn't
given as a badge of honor. It was given as
a legal defense. It was their way of detaching themselves

(28:53):
as being an employer and explaining to the judge, these
are students who happened to be talented in their playing
sports for their students first, that's why student will come first.

Speaker 4 (29:08):
Student athlete. That's what they're here for.

Speaker 3 (29:12):
And you know, of course, was looking at what's going on,
they begin to question the economic realities of just college athletics.
Like I said, it was garnering all this money, was
gardenering all this attention. And they held onto that, and
the courts allowed them to prevail on that, and they
held on to that term ever since to help them

(29:39):
not have to pay workers comp or any type of assurance.
Is there anything that slightly resembles employer employee relationship, which
is now a conversation that has been revisited, but we'll
get into that later segments.

Speaker 4 (29:56):
There were two state appellate court cases in particular.

Speaker 3 (30:01):
That started to take aim at this professional amateurism amateur
status of athletes for Division I schools, and those courts
saw that, you know, college.

Speaker 4 (30:15):
Sports has become a big business.

Speaker 3 (30:18):
Yes, they coined its term student athletes for these reasons,
but nothing else changed except for I want to make
sure you know we're not their employer. But everything else
continue to grow. They more sports can continue to grow,
more money continue to.

Speaker 4 (30:37):
Exchange hands, and.

Speaker 3 (30:43):
That's when athletes the colleges were able to say, at least,
you're now going to operate and do capacity of both
being a student and being an athlete without being an employee.
And so those cases that you know, stoked fear into

(31:05):
the NCAA leaders is what made them say, you know,
we better come up with.

Speaker 4 (31:11):
A term that's gonna help us because someday.

Speaker 3 (31:21):
It may happen where there we don't have this statutory
employment protection. So let's let's take ourselves out of that conversation.
But if we fast forward now, so many cases have
been chipping away at that, and there's one particular case,

(31:43):
recent case in twenty twenty four that really did and
they really looked at the history of it, because again,
what they do they foundation foundational work, like you know now,
and in that case they looked at it and they said, okay,
we'll look at this time student athlete, but you're making
all this money, they're getting hurt, there's times, there's deaths,

(32:09):
all right, we see what's going on here. This meant
that their high performance, your high performing athletes, but you
want to always keep them as students, so they don't
have to be paid ever other than the cost of
their studies, and they don't have to be protected.

Speaker 4 (32:27):
So it started unraveling here recently. But that's how that
term came, and it was pitched as pure student athletes.
You're pure.

Speaker 3 (32:35):
Stop focusing on everything else. You're pure educational. It's noble.
Be proud that you can even be called the student athlete.
Be proud that the term we coined to protect ourselves

(32:55):
from assisting you with any injuries anything else, that you're
able to get that label.

Speaker 4 (33:10):
Nothing's free.

Speaker 3 (33:11):
The costs continue to fall on the backs of athletes
who continue to generate billions for colleges but wasn't able
to earn a sent because you need to be proud
of that label student athlete to protect us. So please
remember that you're educated on that now. And mind you,

(33:32):
this is not to say to diminish at all being
a student athlete. Again, a little background about me. I
didn't said earlier. I too am a former student athlete.
I graduated and finish off at NCAA Division IE level.
I competed in a Power five Conference SEC multi champion.

Speaker 4 (33:54):
I was the first one history making in.

Speaker 3 (33:59):
The one hundred and four hundred hurdles to win them
both at an SEC championship. I loved my opportunity to
compete and to express my gift. But I also would
have loved opportunity to earn money off my name, image,
and likeness. It would not have distracted me from the

(34:22):
academic portion. It would not have diminished my pride and
my you know, team spirit and all those things.

Speaker 4 (34:31):
It would not had conflated the two.

Speaker 3 (34:35):
I was awarded when I graduated the top student athlete,
top female student athlete of the whole entire University of
South Carolina.

Speaker 4 (34:47):
And to get that award, they had to assess.

Speaker 3 (34:53):
An athlete who was competing at a high level, who
was also achieving their academics at a high level. It
had to be both, and I was doing both. And
to earn money for my name, image, and likeness would
not have changed that. It's just who I would have
been regardless.

Speaker 4 (35:12):
So to tie.

Speaker 3 (35:16):
Humble yourself and just be noble and just be happy
you're a student athlete.

Speaker 4 (35:21):
It's not a volid argument.

Speaker 3 (35:26):
I could be a prow student athlete and also not
be broke, and also use the same gifts that I
have that other entrepreneurs and everybody else is using in
the institution.

Speaker 4 (35:41):
Itself.

Speaker 3 (35:42):
So but courts, you know, continue to examine that, and
they continue to look at the NCAA definitions throughout time.
Earlier cases, that's what it was. They coined the term,
they fought on the term courts dismissed. But over time,
you know, they looked at the application of this word amateurism.

(36:07):
And there was a particular case in nineteen eighty four.
And the reason why I want to bring this one up,
I want you to know is because this case against
the NCAA wasn't by student athletes. In nineteen eighty four,
there was a case that was brought by the University
of Georgia and the University of Oklahoma against the NCAA.

(36:30):
And in that case, it was the college just saying
hold on because you know, TV rights, Remember, money kept growing,
exposure kept growing, and there was these broadcasting rights and
money was being.

Speaker 4 (36:45):
Made just from.

Speaker 3 (36:46):
Broadcasting these athletic events, particular, you know, particularly basketball and stuff.

Speaker 2 (36:53):
And.

Speaker 3 (36:54):
NCAA was like, hmmm, we're gonna put some restrictions and
parameters around. This is not the college and the colleges
is like, hold up, this is anti competitive. We don't
like these anti competitive TV broadcasts restrictions in CAAA that
you're putting on us.

Speaker 4 (37:13):
We don't like it.

Speaker 3 (37:15):
Now, mind you, student athletes can't They can't say anything
is anti competitive because they supposed to be humbo.

Speaker 4 (37:23):
Your student athlete be noble.

Speaker 3 (37:25):
But these colleges, they're allowed to say. NCAA, hold up,
we need to share in this. And in that particular case,
the college is one. So we see it as it
is now. The college is one. But the reason why
I bring this case up is because this is an

(37:46):
example of the cases I was saying where judges were
given the NCAA more ammunition the language that they need.
In this case, the judge has said in his dicta
and that means like just an opinion, like after they
have a finding holding, they'll they'll say, in their words,

(38:07):
they'll leave a lasting impression or whatever.

Speaker 4 (38:11):
In this case, that justice has said that.

Speaker 3 (38:15):
The NCAA plays a critical role and the maintenance of
a revered tradition of amateurism and college sports. So although
they handed the wind to the colleges. It was things
that was being said and reminded of for the parties,

(38:35):
and one of the things that was said is that
remember now, the NCAA plays a critical role in the
maintenance of the revered tradition of amateurism and college sports.
NCAA said, listen, we may have lost this battle, but
this is helping us win the war. They held onto
that sentence like a lifeline and from that point on
they said, we have this coin term of student athletes,

(38:58):
but now we have this supported idea, ideology of amateurism,
and we're going to continue to use these terms to
defend the practices that limits or makes null a void
any type of athlete conpensations.

Speaker 4 (39:20):
And that is the history of how that all happened.
So now you know.

Speaker 3 (39:27):
When people say, why are we even finance you just
go to college, that's not where it started.

Speaker 4 (39:33):
It was the students innovation that attracted and created this.

Speaker 3 (39:41):
Outside money into colleges that caught the attention of colleges
and said we need to get in on this. That
when governing bodies was created, started to say, oh, we
got to control this, and we need the right language
to do that language wasn't again a badge of honor

(40:03):
because we respect you. It was for us, and they
held on to that for decades. But if we fast
forward decades later, a crack this is what's leading us
where we're at today. There was a crack that was
made into that foundation that they built the biggest trajectory

(40:31):
the change. In twenty fourteen, there was this landmark case.

Speaker 4 (40:38):
That happened that you all need to be thinking.

Speaker 3 (40:43):
Obannon versus NCAA. Be thinking at O'Bannon, because that court
declared something that's game changing. Remember, not all the time
will you win what you want in court. Sometimes you
don't win everything that you want in life. You don't

(41:05):
win a particular battle, but you will get something that
will help you win the entire war. So when this
particular case, it wasn't necessarily this battle that was won,
but the same way that the justice gave the NCAA
a lifeline, that's what happened here that cracked things wide open.

(41:30):
Ed O'Bannon was a former UCLA basketball star. He was
at a friend's house. He decided to go with them
and go check with my friend. And this is later
he was a former UCLA would later older He goes
to a friend's house and his friend's son, his friends

(41:55):
sammination came in, turned on the college basketball video game,
No game, I'm talking about the big game, the college
basketball game. And while they were sitting there conversing and
chilling and the teenage front, you know, son turns on
the game.

Speaker 4 (42:15):
He looks on the screen and he sees a virtual
player in a U see La Jersey with a number
thirty one, who looked just like him. He was like, wait,
hold up, what am I seeing here?

Speaker 3 (42:34):
There's a virtual player here in this game. Teenage son
new you see La Jersey number thirty one, and that
is me, My name, my image, my likeness is on
this television is game that sells in sells in cells.

(42:59):
And I know I ever gave consent. Not only did
I not give consent, I didn't know. I wasn't even acknowledged.

Speaker 4 (43:12):
I wasn't even informed, and I certainly wasn't paid.

Speaker 3 (43:21):
So that moment sparked a fight in O'Brien, a legal fight,
and in two thousand and nine, that's when it started,
because it was forever, as you've seen, he's twenty fourteen
when they actually held. But in two thousand and nine,
he filed this antitrust lawsuit against the NCAA.

Speaker 4 (43:46):
And he said, listen, listen, yo.

Speaker 3 (43:49):
It is illegal for you guys to keep doing this,
and you prevent players from being compensated for using their name,
image and likeness.

Speaker 4 (44:02):
While everyone else is profiting.

Speaker 1 (44:06):
This is not right.

Speaker 4 (44:10):
And after the long battle, long fight, hard money, spent time, energy,
and effort you can't get back, but all worthwhile, Thank
you at Obannon. The courts did agree.

Speaker 3 (44:23):
They did agree, and that's when the cost of attendance
came into play, and how you can help offset this
whole situation of using athletes' name, image and likeness by
offering them, you know, scholarship up to the full cost
of attendance or whatever, but not necessarily paying them percentages

(44:45):
or what their name, image and likeness is worth beyond that.

Speaker 4 (44:52):
But that wasn't the biggest win.

Speaker 3 (44:55):
The biggest win was when the judge found that the
ncaa a stance on amateurism wasn't a sacred stance. We're
not seeing that anymore. This amateurism ideology, it's it's malable,
it's inconsistent, it's it's there's no core principle. And when

(45:20):
they said to the NCAA that your your definition of amaturism,
because they'll keep defining it is malable. What they were
saying was, your definition of amateurism is capable of being
changed to fit new uses in situation.

Speaker 4 (45:37):
It's not. It doesn't stick.

Speaker 3 (45:40):
You'll say amateurism, but then you will apply what it
means according to the situation at hand. And in us
looking at it over these decades, it has significantly changed
over time.

Speaker 4 (45:54):
We can't hold on to it. It's constantly moving. There's
no core principle.

Speaker 3 (46:00):
And the court was right, just like the coin term
student athlete, to make sure they weren't liable as an employer.
This ideal of amateurism. It was strategy, It was adaptable,
it was selective, and it was increasingly hard to defend

(46:23):
for them because of it. And so to say it
is one thing, but to say this stuff in court
cases is another thing. So while this case didn't bring
immediate like sweeping change.

Speaker 4 (46:36):
That we see now, it cracked the surface of that foundation.
So before at Obannon, the resistance was a moment. We
had moments.

Speaker 3 (46:51):
Thank goodness for them, though, because every moment right it's
still led up to where we are now. Every moment
adds up. But after him, it became a movement. Athletes
were no longer just showing up for practice. They were
showing up in the court. And this is why it's

(47:16):
important for you to know the history, because no one
can tell you the things that are being said. You
can show up confidently, but more importantly, you can show
up competently. And when I say competently, and I want
to leave with you with this, because we're done with

(47:37):
this segment, it's enough for now.

Speaker 4 (47:39):
And I think it's a great foundation. When I say.

Speaker 3 (47:45):
Show up competently, it's not just knowing this information, it's
what you do with it.

Speaker 4 (47:52):
When I was in.

Speaker 3 (47:54):
Law school for my directive study, I wrote my directive
study ten years ago and my directive study was on
athletes getting paid for their name, image and likeness.

Speaker 4 (48:07):
Like this is not new to me. This has also
been a fight for me.

Speaker 3 (48:11):
This has been a front of mine for me because
of I told you, been there, done it, and I
chose this as.

Speaker 4 (48:17):
My directive study. With the professor that oversaw me, and I.

Speaker 3 (48:21):
Had the privilege of interviewing the athletic director at Georgia State,
Professional athletes, collegiate athletes, and got input on it. I've
always been a proponent for us getting paid for our name,
image and likeness, but I will say this, I was

(48:43):
always an opponent.

Speaker 4 (48:46):
Of us getting that right.

Speaker 3 (48:49):
With no structure and not knowing how to manage it,
because I knew that would be more detrimental to us
than getting paid. And am I direct study. That was
the crossroads that I wrote about it, that there was
a well deserved, well earned right, but there was also

(49:13):
this other thing lingering, the other would if would if would?

Speaker 4 (49:17):
If?

Speaker 3 (49:17):
That can hurt us? And so when I say competence,
not just for you to notice information, but for you
to start moving differently. When the door got swung wide
open for us to get our l nil rights, exactly
what I.

Speaker 4 (49:34):
Was concerned about happen.

Speaker 3 (49:37):
Athletes didn't know how to manage that, not only not
how to manage the monies that's coming in, not understanding taxes,
which put people in worse positions than when they were broke.

Speaker 4 (49:48):
What's worse than being broke having money then owe it right?

Speaker 3 (49:52):
So there was a manage in that, but then it
wasn't because they didn't have the historical perspective or foundation
just moving with this right definitely fine with breaking relationships.
I don't need relationships. We're strictly transactional. It was a
lot of a lot there, but if there was a
respect and the understanding of the history and the foundation

(50:14):
everything else, it was Okay, this has been a long
fight and we're here, and I'm going to respect this
fight and I'm going to show up right.

Speaker 4 (50:25):
This is a business. I'm asking to walk with the
big boys the big woman. I'm going to show up
as one two.

Speaker 3 (50:35):
And I strongly believe the reason why there's such still
pushback even after this settlement is because member, I told you,
on one side there's control. On the other side, we
need competence. Well, the side that the control, they're like this,
this is the wild, wild West, and we're losing complete control.

Speaker 4 (50:51):
We have to rain this stuff in.

Speaker 3 (50:55):
I believe if we had some type of structure and
we moved differently with the win where it felt like
a business transaction, we will be moving in a different direction.
But because the win, with the win we didn't have,
we couldn't manage what that wind looked like, and it

(51:17):
was crazy. Not just with the athletes, you have individuals
who want to capitalize, so take out the institutions, we
are fighting getting paid our nil rights.

Speaker 4 (51:29):
It turned the court cases.

Speaker 3 (51:31):
Now you're getting you're fighting breach of contracts, unfulfilled promises.
Now you added more to the fight because people were
able to come in and just utilize and capitalize off
this situation. And now you have, when I say you
as athletes, parents, coaches, a whole other beast, we have

(51:53):
uh two headed snake here.

Speaker 4 (51:58):
And we move over here. And it's a lot that
was being done.

Speaker 3 (52:01):
So when you have competence, you're able to not only
deal with your conversation and your fight with institutions, you're
also able to have better conversations in your business transactions
when you start to have more information. So control and competence,
competence is for you, all right. That is a wrap

(52:24):
for today. That's the foundation. If you need to go
back and listen to that, please do make sure you
got it. Make sure that it's it's it's strong. Maya
Angelo said, if you don't know where you come from,
you don't know where you're going. You know where you
come from. We know where we're going, and we know

(52:45):
and more importantly, we know how we need to show up.
Known This information informs your mindset. Your mindset informs your actions.

Speaker 4 (52:57):
And you know, if you know we've.

Speaker 3 (53:01):
Already been here and it was taken away, you're not
asking for something that you never had.

Speaker 4 (53:08):
We were already here and it was taken away.

Speaker 3 (53:11):
Then you start to make decisions differently knowing it was
taken once, it's gonna continue. It was taken for a reason.
I'm gonna start making, you know, decisions just a little
bit differently. I know they started, you know, decision makers
are now starting to see through the rhetoric. We're given language,
we're given the platform, we're given the twos that we need.
We're gonna take that and magnify it and do better

(53:33):
with it.

Speaker 4 (53:37):
You don't just want control just to be out of control.
That's not what we want.

Speaker 3 (53:47):
So in our next segment, we're gonna explore that's right structure,
That's what we want. We need it, it's necessary, absolutely,
And our next segment we're going wanting to explore how
this legal momentum that we talked about, that crack that

(54:07):
foundation have led to policy changes from state to state, institution,
institution governorance, how that has now reshaped college sports what
I think forever, But which way is going to continue

(54:29):
to morph.

Speaker 4 (54:30):
Morph is up to all of us.

Speaker 3 (54:34):
So whether you're an entrepreneur, creative, or of course an
athlete or someone who's representing one or close to one,
let this episode be a reminder that you can't afford
to overlook the fine prints of our life, the details,
the details, that's where things are hitting. So if there

(54:56):
are no questions at all, in a if there are
questions later for those who couldn't attend, you may be
hearing this on a major streaming podcast.

Speaker 4 (55:07):
You may later watch this in a replay.

Speaker 3 (55:10):
If you have any questions, please feel free to leave
YouTube comments. If you're listen on a podcast, you have
to go over to the Seek Elevation YouTube page and
leave a comment under this particular segment that you have
a question about. And I will try my best to
get to as many as I can. So remember, the

(55:35):
more you know, the more you grow, the more you learn,
the more, of course, especially in this situation, the more
you can earn. But share this, share this, The more
you share, the more you share, the more you show care.
And I hope we do care about each other in
this major impactful movement. Do not keep this knowledge to yourself.

(55:58):
Spread this wisdom, tag a friend, and let us continue
to elevate together until next Tuesday at seven pm.

Speaker 4 (56:08):
Keep striving, keep.

Speaker 3 (56:10):
Growing, and most importantly, keep seeking elevation.

Speaker 4 (56:15):
See you next time, peace and progress,
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