In that 100th year, 2006, NCAA President Myles Brand addressed the delegates at the NCAA Convention and noted that although the participants in college athletics should remain amateurs, the enterprise itself clearly is commercial in nature: “‘Amateur’ defines the participants,” Brand said, “not the enterprise.” Since the 1950’s, the NCAA has utilized the term “student-athlete,” a term that long-time NCAA President Walter Byers created, as he has explained, to avoid “…
the dreaded notion that NCAA athletes could be indentified as employees by state industrial commissions and the courts.” Identification as employees would, of course, give NCAA athletes rights such as workers’ compensation, unionization and wages.
Most of these are universities or colleges that are also members of the NCAA.
The Nine Points approach seemed worth following up, particularly because of ISLE’s location in Silicon Valley, where much technology licensing occurs.
For example, the Selected Proceedings, which can be found at edu/sportslaw/, include articles in favor of paying college athletes* and arguments against.† There was also, however, one suggestion of a new way to look at this issue.
That came in the lunchtime remarks of David Drummond, a senior vice-president at Google and a former varsity football player at Santa Clara University.
Athletic scholarships, however, have represented a form of pay-for-play that has avoided unionization, workers’ compensation and wages for college athletes.
Although this scholarshiponly situation may have made sense in the 1950s, when college athletics generated relatively little revenue and required much less effort from athletes than is required today, it makes sense to re-examine this subject in light of the significant revenues generated today and the year-round efforts currently required of athletes. Board of Regents of the University of Oklahoma, but those limits raise issues today for many institutions.
That consistency was facilitated by a paper, Nine Points to Consider in Licensing University Technology, issued in 2007 by eleven distinguished institutions: California Institute of Technology; Cornell University; Harvard University; Massachusetts Institute of Technology; Stanford University; University of Illinois, Chicago; University of Illinois, Urbana-Champaign; University of Washington; Wisconsin Alumni Research Foundation; Yale University; and Association of American Medical Colleges (otl.stanford.edu/documents/whitepaper-10.pdf).
Since 2007, over 90 additional institutions have adopted the Nine Points.