Newsletter, Image, Likeness Vol. 103: AJ Dybantsa Getting Upwards Of $4.5 Million May Be A Bargain

The Weekly Longer NIL Thought.

Multiple sources told On3 Sports that top basketball recruit AJ Dybantsa is expected to receive an NIL package between $3 million and $4 million in exchange for his commitment to play for a college team for a year.

However, a source close to BYU also told the media outlet that BYU supporters are prepared to pay as much as $4.5 million to secure Dybantsa for a season, assuming he is off to the NBA immediately thereafter.

Reading through comments, I noted people saying that $4 million for one year is wild and that the system is out of control.

But is it wild? Would Dybantsa earning as much as $4.5 million to play for 1 season be as wild as some think it is?

He's projected to be the first overall pick in the 2026 NBA Draft. The 10th overall pick in the 2024 NBA Draft, Cody Williams, who happened to be selected by the Utah Jazz, will earn a base salary of $5,469,120 for his first year. That's significantly more than what Dybantsa is projected to receive even though Dybantsa is likely to have a much greater immediate impact on his team than Williams will for the Jazz.

Dare I say that $3 million or even $4.5 million for Dybantsa's services is a bargain as opposed to it being wild or out of control?

Some may say that Dybantsa should instead play in the NBA, but it's not up to Dybantsa. The NBA's collective bargaining agreement prevents players from going straight from high school to the NBA and this prohibition has been in place since 2016. It's unfair to blame anyone for fully taking advantage of opportunities within a restricted market, which is what exists based on the NBA's rule.

Charlie Baker Doesn't Like NIL Collectives.

"They spend a lot of time just circling and chasing kids," said Baker. "And its a very transactional activity. ...False promises, misrepresentations, and all sorts of other things. There's basically no rules governing those things."

Is Charlie Baker serious?

1. Coaches also "spend a lot of time just circling and chasing kids."
2. Collectives should be engaged in transactional activities.
3. There are causes of action for breach of contract and fraud. Not only rules but laws "governing those things."

Amanda Christovich of Front Office Sports thinks Baker may have contradicted NCAA lawyers who, during a preliminary approval of the House settlement hearing said that collective deals are already prohibited in response to Judge Wilken asking whether existing deals will be taken away from athletes with the ability to restrict "pay-for-play" styled transactions.

Baker Also Wants A 'Narrow' Law From Congress.

It would primarily focus on the preemption of state NIL laws and deem college athletes to not be employees.

For 120 years, right of publicity (i.e. NIL) laws have been left to the states. Should Congress now meddle in this space and preempt states from governing athletes within their borders?

The judicial system will determine whether college athletes are employees. Is Congress better suited to decide that issue?

My answer to both questions is no.

Want To See The House Settlement Notice Players Are Receiving?

Kristi Dosh has you covered on her Business of College Sports site.

NCAA Files Motion To Dismiss Mario Chalmers' NIL Lawsuit.

Along with Turner Sports and college sports conferences, the NCAA has filed a motion to dismiss an action brought by Chalmers and other former college basketball players who seek damages related to the use of their publicity in broadcasts.

The strongest argument in the motion is that the claims are barred by the statute of limitations. The defendants also argue that the claims were already litigated in the O'Bannon, Keller, and Alston matters, which creates res judicata and collateral estoppel issues, among other bases raised to dismiss the litigation.

Rick Pitino Highlights A Positive Of The Portal.

"In some respects, it makes my job easier, in some respects, it doesn’t," said Pitino. "I probably will never go to a young man’s home again. We just go straight to the negotiating table at St. John’s."

Tony Bennett Says 'Unrestricted NIL' Helped Push Him To Retirement.

The former UVA head men's basketball coach also said a solution would be engaging in collective bargaining, but that would require athletes being classified as employees and the NCAA remains insistent in fighting against that.

“There’s gotta be collective bargaining," said Bennett. "There has to be a restriction on the salary pool that teams can spend. There has to be transfer regulation restrictions. There has to be some limits on the agent involvement to these young guys. And there are good agents and there are bad agents and they’re driving some of this stuff that we’re in.” 

Miami QB Cam Ward Signs With Adidas.

Article Argues That NCAA Could Finally Get Congress To Act.

If Republicans take control of the Senate and Trump beats Harris in the general election. The piece refers to 2 Republican aides who believe there has been "significant progress" in attempting to convince Democrats to pass a law that would bar athletes from receiving employment status. I remain unconvinced.

College Of Charleston Has A New NIL Collective.

University Of Washington Establishes Internal Unit To Assist With Finding NIL Opportunities.

Boise State Athletic Director Says He Believes Collective Bargaining Is Coming.

Final Thoughts.

That is it for Vol. 103 of Newsletter, Image, Likeness. Thanks to the more than 9,245 people who have subscribed to this newsletter thus far, and please feel free to share this free resource with others on LinkedIn or elsewhere.

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