Many adults in America can't make money off their likeness. If I tried that my employer would shut it down quickly, especially if it focused on my chosen profession. And if they didn't shut it down, they would collect a significant amount of what I was making.
If a non-athlete made a commercial for La Carreta on coliseum (RIP) claiming it was the "home of Wake Forest students," Wake would shut that down immediately.
You are conflating two issues: trademark (the name "Wake Forest") and NCAA's definition of "amateurism" for Student-Athletes.
Wake gets no money when a professor sells an academic book that they write, in which inevitably in the book flap it says professor at Wake Forest. If a famous professor got paid for speaking appearance wake would get none of that money.
Of course being a professor, like any job, will want you to avoid a conflict of interest or spend too much time away from your main duties, but in general they have infinitely more leeway than an athlete that can't even accept a meal from a coach in certain situations.
Can a student on any type of scholarship other than athletic sell their autograph and keep their scholarship?
But here's the kicker, they aren't restricted like athletes... who can't even receive free meals.
My main question... why aren't college athletes allowed to make money? What is the reason? Not from the school, why can't they make it from outside endorsements, signings? What will happen if you're allowed to sell your autograph? If it's just because it could be misused by schools, a) that's not a good reason to deny someone what they're worth and b) big time athletics is already shady as hell. It's already broken.
You are completely missing the point here. College athletes can't "make money" from endorsements, signings, autographs, etc. because that would violate the NCAA ideal of amateurism. Yes, a
non-athlete on a Reynolds or Carswell scholarship at Wake, for instance, could sell their autograph or likeness simply because Wake Forest -- the entity that awards the scholarship -- doesn't value amateurism in their students. The issue with something like "free meals," for example, is not because the NCAA doesn't want an athlete to receive anything for free, it is because certain programs or boosters would offer benefits such as these in lieu of paying athletes. While compliance and amateurism have a very complex system of rules, the basics are extremely simple. On the other hand, we can all agree that the hypothetical ideal of amateur sports is complicated by the fact that in
some sports -- and very clearly
not in others -- those amateur athletes are earning a great deal of money for their institutions.
A college athlete (walk on, at that) was once declared ineligible for using pictures of himself wearing tee shirts he designed on a site to sell them. In a company that he founded as part of a project for a class. Not for using the name of the college, for using his own name and image.
Avalon's story points out an important distinction: that whatever the amount of money an athlete generates for the school (
or, money that the school gives [or doesn't give] an athlete in scholarships -- which ultimately reflects their "value" to their sport and school) is immaterial to the idea of amateurism and eligibility.
That a b-school student-athlete would be punished for a class project is pretty messed up, but the line is incredibly fine. The goal of the NCAA, though not always successful in practice, is to have student-athletes as non-earners during their NCAA athletic careers. Otherwise, a booster or other fan could prioritize a student-athlete for a summer job,
or over-pay for services rendered,
or one of many other ways to benefit a student-athlete from their school that isn't available to athletes from other schools.
e.g.:
-Student-athlete has summer job before college. Without explicit permission, he/she can't continue to work this job once enrolled and competing in college.
-Student-athlete has permissible job working for athletic department (e.g. camps, summer programs, clerical work). All athletes must be paid the same money for similar work (viz. a "better" athlete can't be paid more for the same work).
Things get really tricky when, for instance, a student-athlete has been paid or awarded money for athletic performance in a
different sport. Technically no longer an amateur, I am under the impression that they can still be cleared to play a different sport. Strange stuff.
My experience with the NCAA clearinghouse was hilarious and stressful and took months and months. They are (seemingly) just as serious about maintaining amateur-status in non-revenue sports as they are in regard to the revenue sports.