Watching the explosion of activity in the name, image, and likeness “collective” space, one might easily forget that neither the 2015 decision of the 9th Circuit federal appeals court in O’Bannon nor the 2021 decision of the Supreme Court in Alston, affirming another decision of the 9th Circuit, had anything to do with third party payments to college athletes.
At issue in both those cases was the validity of NCAA rules limiting payments colleges themselves might make to athletes, and both decisions accepted that it was reasonable to limit those payments to the “cost of attendance,” albeit more broadly defined than the NCAA had previously allowed.
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