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milesl
8/6/2013, 08:33 AM
saw this on fark.com

http://bleacherreport.com/articles/1727370-the-ncaa-johnny-manziel-who-should-and-does-own-a-mans-name

http://img.bleacherreport.net/img/images/photos/002/431/237/153591071_crop_north.jpg?w=340&h=234&q=75


The NCAA, Johnny Manziel and Who Should (And Does) Own a Man's Name
By
Dan Levy
(National Lead Writer) on August 5, 2013


No organization, not even the omnipresent National Collegiate Athletic Association, should own a man's name.

According to a report by ESPN's Darren Rovell and Justine Gubar, the NCAA is investigating reigning Heisman Trophy winner Johnny Manziel for reportedly receiving a "five-figure flat fee" in exchange for signing hundreds of autographs on photos and sports memorabilia.

The NCAA frowns upon student-athletes using their celebrity to make money, especially if it was obtained because of one's performance as a student-athlete. A Heisman Trophy winner can become famous for being college football's best player, but the NCAA will not allow him to make any money off that fame without giving up his ability to continue playing college football.

The NCAA and its member institutions—the primary benefactors of a multi-billion-dollar industry—hold the rules of "amateurism" over every student-athlete, owning the rights to everything about them, including their name, until their eligibility is exhausted.

The NCAA rulebook, being revised and streamlined this summer, is 444 pages, 17 of which deal expressly with the rule of "Amateurism." (The old book has regulations on what kind of spread a student-athlete could put on a bagel without it being a violation.)

According to the NCAA, a student-athlete is allowed to make money, just not off his or her own name:

1. A student-athlete may establish his or her own business, provided the student-athlete’s name, photograph, appearance or athletics reputation are not used to promote the business. (Adopted: 12/12/06)

The NCAA has no problem with Johnny Manziel being in business, as long as he's not in the business of himself.


In a way, the rule makes sense. Not allowing a student-athlete to make money off his name prevents local businesses and team boosters from paying a player as an independent contractor to show up for appearances and autographs in a backdoor deal with schools to help procure recruits.

Schools can't pay players, but if the local car wash or grocery store has a "Local State University" football autograph day where every player is paid $50,000 to appear, the playing field across college athletics would appear to be anything but level.

And yet this is how ridiculous the rule can be in reality. Manziel could have a side business showing up to events as a clown, but if people knew he was the clown or his business promoted it as "Johnny Manziel's Clownarama," it would be an NCAA violation because people know the name Johnny Manziel for his exploits as a student-athlete, not, in this scenario, as a clown.

Yet we're talking about his name.

A man or woman should be able to make money off his or her name, even if that name has become valuable because of collegiate athletics.

If the NCAA can make money off a player's name, why can't the player?

Via NCAAPublications.com:

1. Compensation may be paid to a student-athlete: (Revised: 11/22/04)

(a) Only for work actually performed; and

(b) At a rate commensurate with the going rate in that locality for similar services.

1. Such compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability.

Let's translate that NCAA law as well. A student-athlete may be paid for work, as long as that work is in no way related to his or her celebrity, even if they are a Heisman Trophy winner who helped his school earn millions upon millions of dollars in television revenue, booster donations and bowl-game winnings.

In this scenario, Manziel could take a job working as a clown for someone else and get paid the same as all the other clowns in the area, but it would still be a violation if the employer used Manziel's name as one of the clowns to grow his business.

It's the NCAA that looks like the biggest bunch of clowns in all of this.



Manziel has already won a mantle full of trophies while Texas A&M and the NCAA made millions of dollars off his name. Now that Manziel wants to make a little money off his name as well, he may be kicked out of college football.

Manziel is not without fault here. Let's be straight on one very important fact in all of this NCAA nonsense: The rules may be antiquated and unfair, but they are very clear. If Manziel took money for his autograph, he violated the most obvious rule in the NCAA book.

The rule may be wrong and unreasonable, but breaking it would be an enormous violation. Manziel knew that, and if the report is true that he accepted payment for his autograph, he will have to face the consequences.

The clever conundrum with the NCAA rulebook is that most outside the organization—and many within—realize how unjust and ridiculous some of the policies are. But instances like this, when a player reportedly tries to break the rules for personal gain, serve to only further validate their importance.

If the rule is unfair, it doesn't mean a player can just decide to break it without facing repercussions.

Rule 12.1.2.4.7 (in itself a mouthful) is the most patently unfair rule in all of sports, amateur or otherwise.

It's one thing to offer tuition, room and board in exchange for athletic services. It's entirely another to write into the laws of Intercollegiate Athletics a bylaw that specifically states student-athletes are permitted to participate in money-raising events so long as all the money goes to the school, conference or affiliated agency while the player gets nothing for participating:

Student-Athletes. Institutional, charitable or educational promotions or fundraising activities that involve the use of athletics ability by student-athletes to obtain funds (e.g., “swim-a-thons”) are permitted only if:

(a) All money derived from the activity or project go directly to the member institution, member conference or the charitable, educational or nonprofit agency; (Revised: 5/11/05)

(b) The student-athletes receive no compensation or prizes for their participation

The rule is borderline criminal and yet it is written as clear as day. All the players who sign up to participate in NCAA activities know it exists.



The teams, conferences and governing bodies can make as much money as they want off you and your likeness, but you don't get a dime no matter how valuable you become.

There was no player in college football more valuable to the NCAA in 2012 than "Johnny Football," and because the NCAA rules were put in place to protect members (the schools) by indenturing its actual participants (the student-athletes), the organization's most marketable commodity may be stuck watching the 2013 season with the rest of us.

The NCAA's treatment of its student-athletes is a modern-day Oliver Twist. Replace "Oliver" with "Johnny" in Charles Dickens' historic novel of haves versus have-nots, and you can all but picture NCAA figurehead Mark Emmert playing the role of Mr. Limbkins.

Transcription via PBS.org:

Child as he was, he was desperate with hunger, and reckless with misery. He rose from the table; and advancing to the master, basin and spoon in hand, said: somewhat alarmed at his own temerity:

"Please, sir, I want some more."



The board were sitting in solemn conclave, when Mr. Bumble rushed into the room in great excitement, and addressing the gentleman in the high chair, said,

"Mr. Limbkins, I beg your pardon, sir! Oliver Twist has asked for more!"

There was a general start. Horror was depicted on every countenance.

"For more!" said Mr. Limbkins. "Compose yourself, Bumble, and answer me distinctly. Do I understand that he asked for more, after he had eaten the supper allotted by the dietary?"

"He did, sir," replied Bumble.

"That boy will be hung," said the gentleman in the white waistcoat. "I know that boy will be hung."

Now, Manziel is hardly desperate with hunger nor reckless with misery, as noted by Wright Thompson of ESPN, and you will see the Manziel family is very far from being paupers. But in the context of the money drawn into college football's coffers, the pittance afforded to the student-athletes is the contextual equivalent of a bowl of gruel.

And in a way, Thompson's profile on Manziel may have given the NCAA a nudge to investigate the Heisman winner even more in this tumultuous offseason. In the piece, Manziel comes off as an unrepentant rule-breaker, and his father Paul as a rich overgrown child of a man willing to let his son break the rules whenever he wants, as long as it benefits the family.

In at least three different instances in Thompson's piece, the 20-year-old Manziel was said to have drank different alcoholic beverages in public or private, often with his father's approval. The NCAA cannot love that.

There's also the jet-setting around the country to sporting events and concerts, something a young man with family means like Manziel is certainly entitled to do, but actions the NCAA would take notice of just the same.

And then there's this, in Thompson's piece, which may directly conspire against Manziel's ability to remain eligible:

Johnny signed everything, no matter how much he grumbled and cursed with a pen in his hand. Whenever he'd see his parents, they'd always have a carload of things to autograph. They hated it, and he did too. But they seemed compelled by manners, and obligation, and one autograph didn't seem like that big a deal. But taken together, they just boxed him in more.

Manners, obligation…and money?


If Manziel was always signing autographs for whoever wanted one—Wright explained a situation on Manziel's local golf course where the quarterback actually had to sign a hat for a childhood teacher*—doesn't it stand to reason that a player whose family is so clearly frustrated with the way the NCAA and Texas A&M have profited off "Johnny Football" would sign a few hundred items for a little something in return?

That may be an unfair leap to make, but it's certainly not unfair for the NCAA to want to keep a closer eye on its biggest football star. And while this particular rule is unfair, it is a rule. If Manziel knowingly broke that rule, he will have to face the punishment of the NCAA.

Two wrongs rarely make a right, and while few would side with the NCAA on the organization's ability to capitalize off the celebrity of its student-athletes while preventing them from doing the same themselves, Manziel signed the papers to play by those rules. His sudden celebrity doesn't get to change that.

While it may be hard to fathom at times, there is a reason the NCAA exists. Having worked in college athletics under the rules and regulations of the NCAA for more than 15 years, I never actually figured out that reason. And yet to someone in an ivory tower draped in amateurism and surrounded by the most level playing fields in all the land, there is a reason.

The Manziel family hasn't figured out that reason either. Or, if they have, they don't think it applies to their son.

Depending on the outcome of Johnny Football vs. The NCAA, we all might be questioning the reasons for a lot of things. Still, the best way to get a rule changed is never to break it first. If Manziel did that—with every spotlight in the country shining upon him—understanding why will be the biggest question of all.

sooneron
8/6/2013, 09:52 AM
Words and ****. I don't disagree with the premise (He does own his name and the school/NCAA feel like they are the only ones that should make $ off it), the issue becomes the slippery slope as to whom is paying said athlete to sign stuff and how much?

What happens the next time (if signing autos for $ were ok) when a "sports memorabilia markter" pays him $20K?

colleyvillesooner
8/6/2013, 09:56 AM
Everyone knows the rules when you sign the LOI. Right or wrong, you agreed to them. **** the bleacherrport.com

SoonerNomad
8/6/2013, 10:38 AM
Johnny Manziel is not a household name without the NCAA and Texas A&M University providing a stage for him to excel. Follow the rules or get out. You'll be pro soon enough and then you will have to follow their rules or get out.

Jacie
8/6/2013, 11:03 AM
While it may be hard to fathom at times, there is a reason the NCAA exists. Having worked in college athletics under the rules and regulations of the NCAA for more than 15 years, I never actually figured out that reason.

If it doesn't make sense to me, well who am I? But if it does not make sense to this guy, maybe there is something wrong.

jkjsooner
8/6/2013, 12:59 PM
In a way, the rule makes sense. Not allowing a student-athlete to make money off his name prevents local businesses and team boosters from paying a player as an independent contractor to show up for appearances and autographs in a backdoor deal with schools to help procure recruits.

Schools can't pay players, but if the local car wash or grocery store has a "Local State University" football autograph day where every player is paid $50,000 to appear, the playing field across college athletics would appear to be anything but level.

That's all that needs to be said. If we allow players to sell autographs then boosters at the richest schools will make sure each player gets $50k for their autographs - even if the real market would not support it.

Parity in the NCAA would cease to exist.

And guys like Manziel always have the option to not play for an NCAA team...


Manziel has already won a mantle full of trophies while Texas A&M and the NCAA made millions of dollars off his name.

Sometimes I let these "NCAA made millions" bull crap comments slide but I can't here because the idiot mentioned A&M and the NCAA together. The NCAA makes almost nothing off of college football. Almost all of its revenue comes from the NCAA basketball tournament.

If he meant "the NCAA" to include the member institutions then it makes no sense to add A&M in separately.

As for A&M, they are making a lot of money off of Manziel. One the flip side, without major schools like A&M the likes of Manziel would barely be known before he actually entered the NFL. Much of the recognition the Manziel's get are because of the tradition and history of the major college universities. Had Manziel done what he did in a minor league that is just as competitive as D1 football, his marketability would be a fraction of what it is.

Guys like Manziel don't become household names in a vacuum.

jkjsooner
8/6/2013, 01:03 PM
Johnny Manziel is not a household name without the NCAA and Texas A&M University providing a stage for him to excel. Follow the rules or get out. You'll be pro soon enough and then you will have to follow their rules or get out.

Exactly.

Take baseball as an example. In competitive terms, AAA ball is a lot closer to MLB than college football is to the NFL. How many future stars (who didn't play college ball) can you name in AAA ball?


Or let's assume that the NCAA schools abandon college football altogether. In time a minor league would probably be developed to take its place. However, this minor league would not have anywhere near the fan support the NCAA had. If Manziel did what he did in this new league, NFL teams would take notice but outside of those who follow the NFL draft really closely, Manziel would be a unknown until he actually entered the NFL.

And such a minor league would never gain the popularity of college football because it would be viewed as an inferior league (just a AAA ball is) which only serves the purpose of getting players to the NFL. That's not how we view our universities.

Jacie
8/7/2013, 06:19 PM
Here's another take on it, a long article I won't post here (which means few reads but there it is if anyone is interested).

http://sports.yahoo.com/news/ncaaf--as-johnny-football-is-involved-in-a-flap-related-to-photos---heisman--howard-is-embroiled-in-a-photo-fight-of-his-own-153910354.html

Not suggesting college athletes be turned loose to earn what they can a la Football Johnny, but comparing players' rights in college to those in the pro's and you have to think the an overhaul of the system is long overdue (hence the O'Bannon case). A situation like this one is going to result in change somewhere down the line and given the current tilt of the scales it can only be in favor of the athletes as there is no way it could be any worse from their perspective.

On a related note, jkj, exactly what is this parity you speak of? Sure as hell isn't any in college football.

jkjsooner
8/8/2013, 06:55 AM
On a related note, jkj, exactly what is this parity you speak of? Sure as hell isn't any in college football.

How many times has Baylor beaten Texas recently. How many time has Texas Tech beaten us?

It's all relative. Sure, we don't have all teams finishing 6-6 and every game a virtual toss up. I don't think that level of parity would be good for college football.

I like it that the college football blue bloods get their share of guys because of name recognition, superior coaching, and facilities. College football was built on that foundation and completely removing that would be very disruptive. It wouldn't be good (at least in the near term) for college football if Toledo won 50% of their games against Ohio State.

That being said, if players were allowed to profit on their fame the balance would be shifted even more dramatically to what I would consider a dangerous level. I like it that OU and Texas have a better shot at getting the stud players out of Texas. But I also like it that Baylor has a shot to sometimes get the guy.

If you allow players to profit on their fame, RG3 never ends up at Baylor. He's a pretty smart guy and he knows that he could sell a lot more autographs for a lot more money in Austin. That wouldn't be good for college football.

And all that assumes the system would not be corrupted by boosters. Add in the inevitable corruption (T Boone funneling millions - possibly through straw buyers - for autographs to secure players) and the impossibility of monitoring such a system and you'd have a disaster on your hands..

jkjsooner
8/8/2013, 07:02 AM
And for O'Bannon, he clearly overestimates the role he played in UCLA. Put Ed O'Bannon in the NBA D league and he's a virtual unknown until he steps foot in the NBA. It was those letters on his jersey that helped him become a somewhat known quantity.

If it were truly all about the talent on the court, we'd be tuning into the NBA D league games every night. As talented as those teams are (and I imagine they are full of raw talent), they're not garnering a lot of attention and playing in front of 15,000 fans every night - not even close.