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Lawsuit seeks to allow top high school WR and OSU commit to profit from NIL
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Post: #21
RE: Lawsuit seeks to allow top high school WR and OSU commit to profit from NIL
(10-16-2025 03:34 PM)Captain Bearcat Wrote:  
(10-16-2025 01:48 PM)bullet Wrote:  
(10-16-2025 05:48 AM)Gitanole Wrote:  
(10-15-2025 03:50 PM)bullet Wrote:  
(10-15-2025 03:26 PM)ken d Wrote:  Perhaps not. But the US Constitution is a reason to force them to do it. And I wouldn't bet on Ohio's chances to win this one in court.

There is a difference between high school and college.
This is a really, really, really slippery slope we are going down. I didn't expect it to get here.

We’ve been here for decades. Athletes are just now arriving.

The main difference is that a minor needs a parent/guardian to sign legal agreements. Child labour laws also apply.

Courts will look to case law to help decide these disputes. Precedents aplenty already exist.

As a child Dakota Fanning had an agent and got paid for her film work just as she does now, with all the attendant rights releases and NDAs. The difference then was that no contract was valid unless signed by her adult parent/guardian. That done, child labour laws were enforced on set.

Apply that framework to these situations involving high school athletes, and you get a good general idea of the shape a valid legal outcome will take. Equal protection.

Unbelievably stupid analogy. Actors work for private enterprises.

HS athletes are playing for a public school (generally) that makes no money off them.

The fact that they're public actually provides the school with more restrictions regarding Constitutional violations, not more. For example, a private school (or a movie company) can restrict your free speech, while a public school can not.

The "employer" doesn't have to turn a profit for it to be deemed employment, they just have to make revenue. And high schools usually sell tickets to football games, so they ARE making revenue.

I think its a REAL stretch to consider public HS athletes employees. They don't get any benefits or have to show up. They just live in the attendance zone.
10-16-2025 03:52 PM
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DavidSt Offline
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Post: #22
RE: Lawsuit seeks to allow top high school WR and OSU commit to profit from NIL
High school is not a work place. High school students don't need NILs.
10-16-2025 11:33 PM
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C2__ Offline
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Post: #23
RE: Lawsuit seeks to allow top high school WR and OSU commit to profit from NIL
(10-16-2025 11:33 PM)DavidSt Wrote:  High school is not a work place. High school students don't need NILs.

Because you say so.

While morally, I'm with you, why should any governing entity limit someone's marketability? Day-to-day living sucks, I can attest to it. If you have to the ability to make big bucks, why should some (perceivably) unfair rules stop you?
(This post was last modified: 10-18-2025 04:23 AM by C2__.)
10-18-2025 01:45 AM
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Gitanole Offline
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Post: #24
RE: Lawsuit seeks to allow top high school WR and OSU commit to profit from NIL
(10-16-2025 01:48 PM)bullet Wrote:  
(10-16-2025 05:48 AM)Gitanole Wrote:  
(10-15-2025 03:50 PM)bullet Wrote:  
(10-15-2025 03:26 PM)ken d Wrote:  Perhaps not. But the US Constitution is a reason to force them to do it. And I wouldn't bet on Ohio's chances to win this one in court.

There is a difference between high school and college.
This is a really, really, really slippery slope we are going down. I didn't expect it to get here.

We’ve been here for decades. Athletes are just now arriving.

The main difference is that a minor needs a parent/guardian to sign legal agreements. Child labour laws also apply.

Courts will look to case law to help decide these disputes. Precedents aplenty already exist.

As a child Dakota Fanning had an agent and got paid for her film work just as she does now, with all the attendant rights releases and NDAs. The difference then was that no contract was valid unless signed by her adult parent/guardian. That done, child labour laws were enforced on set.

Apply that framework to these situations involving high school athletes, and you get a good general idea of the shape a valid legal outcome will take. Equal protection.

Unbelievably stupid analogy. Actors work for private enterprises.

HS athletes are playing for a public school (generally) that makes no money off them.

It’s not an analogy. It’s an example of how name, image, and likeness rights work.

Whether it’s Dakota Fanning or Joe Jock, persons have rights to their name, image, and likeness.

They can, if they want, sign over those rights to another entity in return for consideration. And that’s what they do in order for posters to be printed and billboards to be put up and videos to be broadcast and ads to be created that make use of their name, image, and likeness.

It’s irrelevant whether a billboard is put up by a private company or a public institution. If the billboard uses a person’s name, image, or likeness, the rights must be secured from the person, the original rights holder, first. That will involve some form of consideration. In the event the original rights holder is a minor, the assent of the minor’s legal guardian is required.

NIL rights have worked this way for decades. The only thing new: young athletes now enjoy the same rights protection that others do.

And in case anyone missed the memo:

Sports = Entertainment

07-coffee3
(This post was last modified: 10-18-2025 03:49 AM by Gitanole.)
10-18-2025 03:04 AM
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