On November 21, New York Governor Nancy Hochul signed into law the Collegiate Athletic Participation Compensation Act,” which was once touted as a progressive piece of legislation. In its final form, the state law may do more to protect the interests of New York colleges than their elite athletes.
revenue-generating college sports in New York state. ,” which was once touted as a progressive piece of legislation. In its final form, the state law may do more to protect the interests of New York colleges than their elite athletes.
Kevin Parker , one of the three sponsors of the bill, had originally proposed groundbreaking changes to the college sports economic system in New York, including a proposal thatpay their athletes excluded from final version of the bill, but the New York law even includes inverse language that colleges “shall not provide a prospective student-athlete with compensation in relation to the student-athlete’s name, image or likeness.” .
Two other sections of New York’s Collegiate Athlete Participation Compensation Act further limit New York college athletes’ rights as compared to prior to the act’s passing. One section requires college athletes seeking to endorse products to disclose their potential endorsement deals in advance of executing them—potentially creating delays and bottlenecks for athletes and their potential sponsors.
This latter carveout is loosely written and thus theoretically could allow for a college to attempt to block an athlete endorsement deal with Pepsi if the college already has an exclusive contract with Coca-Cola that states that no athlete at the school may endorse a rival product. Or, a school with an exclusive Nike licensing deal might attempt to block an athlete from sponsoring Adidas or Reebok.
While the final section of the New York Collegiate Athletic Participation Compensation Act includes a potpourri of more progressive requirements , these alternative benefits hardly make up for the financial limits on athlete endorsement deals that New York has now codified into law. And, it is hard to imagine that many New York State colleges, especially public colleges, do not already provide these benefits.
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