The Problem with NIL in the NCAA

By Charlie Taft

How NIL Separates American and Foreign NCAA Athletes in NIL

Standing above the rest, physically and statistically, Zach Edey scored thirty-seven points in the NCAA National Championship Game despite the loss to UCONN. At seven-foot-four, he is one the tallest and most impactful college basketball players. Edey carried Purdue, the Boilermakers, to the NCAA championship game for the first time in over fifty years. For his efforts, Edey received the Wooden Award, which is given to the “most outstanding men's and women's college basketball players.” Only one male athlete can win it yearly, and Edey has won it twice. Although Edey has received acknowledgment for his skill in the form of awards, he does not benefit economically, even though his teammates do. Zach Edey cannot legally benefit from the NIL system.

NIL stands for Name, Image, and Likeness, allowing student-athletes to earn money from their brands. Student-athletes can benefit from two different types of NIL engagements: active and passive. Active agreements require labor from the players, while passive engagements utilize the player’s influence without any work from the athlete. But it was not always like this. The NCAA used to restrict student-athletes from making money while attending a university. But, in June 2021, the Supreme Court ruled in NCAA v. Alston that student-athletes are legally allowed to earn money from their brands. Since this ruling, highly skilled and celebrity athletes have earned millions of dollars in NIL, especially in men's basketball. Currently, twenty men’s college basketball players earn over five hundred thousand dollars a year in NIL. From sons of professional players, like Bronny James or Shaqir O’Neal, or content creators such as Jared McCain or Hansel Enmanuel, NIL benefits almost everybody. But not Zach Edey.

As an international student, Zach Edey attends Purdue University on an F-1 or Student Visa. International students, like Zach Edey, make up over 12.8% of all Division-1 athletes. Unfortunately for these athletes, due to United States laws, they are not able to engage in active NIL engagements. However, they can participate in passive NIL engagements.

Unable to take advantage of active engagements, Zach Edey has made the most out of his passive agreements. Working with the Purdue NIL Store, Zach Edey earns passive income on the sales of his officially licensed Purdue hockey jerseys, instead of basketball jerseys. Even with all the limitations, Edey has amassed over $800,000 in NIL, but, without the limitations on international players, his earnings could be endless. In the future, Edey hopes his case can bring awareness to the issue: “I hope they change it in the future,” Edey explained. “I have lost out on a lot of money this year. At the end of the day, it needs to change.”