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"NIL: It's the Name of the Game"

Emma Minar | Published on 11/11/2024

Josh Lively, Assistant Director of Strategic Communications for Tennessee Athletics, visited the PRSA Volunteer Chapter on November 11, 2024, to offer insights into the rapidly evolving landscape of college athletics, focusing on the issue of Name, Image, and Likeness (NIL). Lively’s presentation covered the historical development of NIL, its current impact on PR professionals and brands, and the potential future implications for the industry.  

A Tennessee native, Lively’s passion for sports and his commitment to ergraduate and graduate degrees at the University of Tennessee and later returned to the university for his current role as Assistant Director of Strategic Communications for Tennessee Athletics. In this position, he promotes the stories of Olympians, NBA and WNBA athletes, National Champions, SEC Athletes of the Year, All-Americans, and many others. In addition to his professional responsibilities, Lively serves as an adjunct professor in the Tombras School of Advertising and Public Relations, contributes to several industry committees, and is an active member of UT’s Journalism & Media Alumni Board. 

Lively began his presentation by discussing the seismic shift that NIL has brought to the college sports landscape. For over a century after the founding of the NCAA in 1906, college athletes were prohibited from profiting from their Name, Image, and Likeness, despite the growing financial power of the NCAA. As college sports gained widespread popularity through television broadcasts, NCAA revenues soared, but athletes could not share in those profits. This disparity led to a range of issues ultimately resulting in internal and external pressure on the billion-dollar industry. 

Lively pointed out that these growing financial imbalances created a need for reform. NIL emerged as a solution to allow athletes to profit from their personal brand, an idea that gained momentum following two landmark legal cases: O’Bannon v. NCAA and Alston v. NCAA. These cases ultimately cleared the way for athletes to receive compensation for their Name, Image, and Likeness, which has reshaped the business of college athletics. 
Lively emphasized the increasing importance of "brand" in the world of college athletics. He explained that as NIL has empowered athletes to profit from their personal brands, the role of strategic communications and public relations has become more vital than ever. "Brand is the new buzzword in athletics," Lively remarked. Communications professionals are tasked with creating meaningful narratives, not just for teams, but for individual athletes who now have a platform to tell their own stories. 

While the influencer generation comes alive and the previously untouchable demographic of college athletes becomes a viable market for brands to tap into, companies can see huge success in NIL deals. Lively says that brands, universities, and athletes “have to think about meeting individuals where they are at, and right now, that’s on social media.” As sports continue to dominate the television industry and the recognition of teams expands across the nation and globe, companies are motivated to partner with athletes to increase their visibility in the market and online to new generations. Lively showed many real-world examples and statistics of companies that have seen great success from these partnerships. As the world of partnerships and NIL continues to expand, there will be much more growth to come. 

Looking ahead, Lively discussed the growing complexity of NIL and the evolving regulatory landscape aimed at protecting athletes. As NIL continues to reshape the college athletics landscape, Lively emphasized the need for a balanced approach that prioritizes the well-being of athletes. He recalled a piece of advice shared by legendary quarterback Peyton Manning during a recent class visit: “Athletes are human beings first and brands second.” Lively highlighted that while NIL has provided immense opportunities for athletes and businesses, it is important to remember that athletes should not be seen as just a means to an end.  

In conclusion, Lively noted that the presence of NIL in college athletics is undeniable. As both athletes and brands adapt to this new era, Lively sees continued growth and opportunities for success, with ongoing developments in regulations ensuring that athletes are protected in this rapidly changing environment. 

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