With Name, Image, and Likeness, College Sports Enters the Gig Economy

Abstract

With the arrival of name, image, and likeness (NIL), the college sports labor market has distinctly taken on similar characteristics to the gig economy, with athletes able to earn extra compensation through external NIL-based independent contractor “gigs.” But with this comparison comes comparable issues, and scholarship and litigation examining and challenging gig economy structures have identified several legal and ethical concerns both individual to each worker and more broadly affecting labor markets. Building off this literature, we conceptualize the NIL phenomenon within the gig economy space, exploring the legal and ethical concerns that have plagued companies like Uber and applying those same concerns to the brave new world of NIL-fueled college sports. We not only find similar issues in college sports but also find even deeper concerns based on new and existing challenges unique to the novel space of college sports, particularly given the increased proliferation of NIL collectives.