More Money, Higher Stakes: Why Representation Is Essential in the NIL Era
Long gone are the days of forced amateurism in college sports.
In 2021, the landmark Supreme Court case NCAA v. Alston paved the way for college athletes to profit from their name, image, and likeness (NIL), bringing an end to the century-old prohibition on college athletes earning money from their own publicity rights. For years, college athletes like Reggie Bush, Maurice Clarett, A.J. Green, and many others became high-profile examples of a system designed to benefit the wealthiest and most powerful entities in the industry. Specifically, media corporations and universities profited to the tune of eight- and nine-figure sums annually from a product created almost entirely by unpaid amateurs. Of course, those athletes received scholarships, access to elite training facilities, and other benefits provided by their schools. But if they accepted compensation tied to their NIL, or received impermissible benefits because of their athletic status, they risked losing eligibility and exposing their programs to NCAA sanctions, including vacated wins, forfeited records, and even the loss of championships.
Thanks in large part to the decision in Alston, the House v. NCAA settlement allowed for two things: first, a limited number of former collegiate athletes to collect backpay for lost revenue; and second, the ability for universities to pay athletes directly through a revenue-sharing model. Athletes are also free to sign endorsement deals with brands, creating additional revenue opportunities that were previously unavailable to them.
So, what does this mean for you?
Say you are an elite athlete at the high school or JuCo/D3/D2 level, and ready to move up to Division 1. For most athletes, not much will change in the beginning. Most athletes are in an "Olympic sport" - the term universities use to denote a sport that does not generate more revenue than it spends on the program. In most instances, the profit-generating sports are football and men's and women's basketball. If you play a sport other than these, you may still receive NIL money, but it likely will not be significant enough through the school's revenue-sharing model to support you post-college.
Brands love to partner with collegiate Olympic-sport athletes if they command a decent social media audience (e.g., Livvy Dunne - gymnastics, Anna Frey - tennis, Madi Skinner - volleyball), but schools tend to reserve most of their rev-share funds for football and basketball athletes.
Plainly, this means it is imperative for Olympic-sport athletes to have a trusted representative in their corner. You likely will not be raking in seven-figure sums directly from your school like the highest-profile football and basketball players, and will rely on brand sponsorships and social media presence to build meaningful income. That reality makes professional representation not just helpful, but essential. Brands and agencies routinely have legal teams drafting agreements designed to protect their own interests, and without experienced representation, athletes risk signing deals that undervalue their market, limit future opportunities, or grant overly broad rights to their NIL.
Even if you are not a household name, or do not yet have a large social media following, NIL can still be a meaningful source of income. Many Olympic-sport athletes earn steady, and in some cases substantial, revenue through local sponsorships, niche brands, training-related partnerships, and regional businesses that value access to a college athletic platform. These opportunities may not make headlines, but they can add up quickly over a season or career. The key distinction is that these deals are rarely handed out passively; they are negotiated, sourced, and structured. Without representation, athletes often leave money on the table or miss opportunities entirely simply because they are not connected to the right networks or do not understand their market value.
Football and Basketball Players Face Bigger Deals and Bigger Risks
That said, the financial landscape looks very different if you are a football or basketball player. If you are competing in one of the revenue-generating sports, you are operating in an environment where both NIL opportunities and school-driven revenue sharing can reach significantly higher levels. These sports drive the vast majority of media rights, ticket sales, sponsorships, and television revenue for college athletics, which translates into far greater financial exposure for athletes in those programs.
What a NIL Representative Can Protect
On paper, that may sound like you do not need the same level of outside support. In reality, the opposite is true. The stakes are higher, the deals are larger, and the pressure to make short-term decisions can be even greater. A single NIL agreement, transfer decision, or revenue-sharing negotiation can have long-term consequences that extend well beyond your college career.
The era of unpaid college athletics is over, which means the era of informed decision-making has only just begun. Whether you are an Olympic-sport athlete building your brand through sponsorships or a football or basketball player navigating significant NIL and revenue-sharing opportunities, the reality is the same: college athletics has become a business.
With more money comes more complexity, more negotiation, and more risk. The athletes who position themselves for long-term success will be those who approach these opportunities with the same level of professionalism as the universities, brands, and conferences they work with. Experienced representation is no longer a luxury reserved for professional athletes. It is an essential tool for protecting your value, maximizing your opportunities, and making informed decisions that can shape your future long after your college career ends.
If you're an elite athlete ready to compete at the Division 1 level in college, OBP Partners is here to help you navigate the complexities of NIL, identify valuable opportunities, negotiate from a position of strength, and build a foundation for long-term success. Contact our team at info@obp-partners.com to learn more.