THE OLYMPIC-SIZED LOOPHOLE IN CALIFORNIA'S FAIR PAY TO PLAY ACT

On September 30, 2019, California Governor Gavin Newsom signed into law Senate Bill 206, otherwise known as "The Fair Pay to Play Act."(1) When it goes into effect, the Fair Pay to Play Act will allow student-athletes enrolled in California colleges and universities to be compensated for the use of their name, images, and likenesses just like non-athletes. Many observers hope that this Act, which would contravene the current NCAA rules on student-athlete compensation,(2) will enable student-athletes to share in the huge revenues generated annually by college athletics through apparel deals with large manufacturers like Nike, Adidas, and Under Armour. This Piece argues that such hopes are likely to remain unfulfilled. A little-discussed provision of the Fair Pay to Play Act that prohibits athletes from entering into contracts that would conflict with university apparel deals introduces the kind of limitation Olympic athletes have long complained about with regard to advertising during the Olympic games and largely undercuts the impact of the Fair Pay to Play Act.