By Joseph M. Ricco IV
Just hours before the 2024-25 college football season kicked off, the National Collegiate Athletic Association (NCAA) blocked Oklahoma State University’s plan to place QR codes on the back of their football players’ helmets. Oklahoma State had introduced the idea to let fans easily scan the codes and directly contribute to the team’s Name, Image, and Likeness (NIL) fund, aiming to increase real-time financial support for the players. The university believed the QR codes complied with NCAA regulations as institutional decals. However, the NCAA intervened, classifying the codes as advertising, which is prohibited on uniforms. As a result, Oklahoma State was forced to remove the QR codes from the helmets, although they were still displayed around the stadium. This article will explore why the NCAA made this decision, provide expert analysis on the situation, and examine the potential impact this ruling may have on the future of NIL fundraising in college sports.
Why the NCAA Stepped In
Oklahoma State introduced the idea of placing QR codes on the back of their football players’ helmets as a creative way to boost NIL contributions during the 2024-25 season. The plan was simple: fans could scan the codes during the game, which would take them directly to a general NIL fund supporting the players. Oklahoma State saw this as a way to tap into fan engagement during key moments, like when a player made a big play or when their face appeared on screen. They believed this approach followed NCAA rules, classifying the QR codes as institutional decals rather than advertising.
However, the NCAA quickly stepped in and blocked the plan, pointing to its rules that ban advertising on player uniforms. According to the NCAA’s bylaws, any form of commercial marks or promotional content is prohibited on uniforms to preserve the amateur status of college sports. The organization viewed the QR codes, which directed fans to a donation page, as a form of advertising, despite Oklahoma State’s argument that they were within the rules. In the NCAA’s eyes, the codes crossed the line into commercial territory.
This decision further highlights the tension between the NCAA’s long-standing rules and the evolving landscape of NIL. As student-athletes gain more opportunities to earn money, the NCAA is constantly facing the challenge of adapting its policies. The QR code case brings this issue into sharper focus, raising questions about whether the current rules are keeping up, especially as other sports leagues begin embracing similar marketing methods.
Experts Weigh in on the NCAA’s Decision
Bobby Bramhall, an adjunct professor of sports law at the University of Tennessee and Principal of Bramhall Sports Group, sees the NCAA’s decision as consistent with its existing framework. While he supports athlete rights and a fair labor model, Bramhall acknowledges that “the NCAA’s decision to block the NIL QR code during the game is justified under its current model.” He explains that since 2021, the NCAA has prohibited NIL deals during official team activities, and enforcing this rule is nothing new. According to Bramhall, the NCAA’s interest in maintaining uniformity during competitions and avoiding sudden changes to the on-field product is reasonable. However, he suggests that the NCAA could revisit this policy through a vote by member schools to find a balance between protecting the college football brand and promoting NIL for athletes.
Peter Goplerud, a sports law attorney and professor at Florida A&M College of Law, adds another layer to the discussion, describing Oklahoma State’s approach as “certainly innovative, if not a bit tacky.” He raises an interesting point about how the QR code idea might align with certain NCAA bylaws, particularly Article 22.1.1, which allows institutions to facilitate deals between student-athletes and third parties. However, Goplerud also notes that it’s unclear whether the QR codes would have led to NIL deals that fully comply with current regulations. Both experts agree that while the concept pushes boundaries, it underscores the need for the NCAA to adapt its policies to accommodate the fast-evolving world of NIL.
Their insights highlight a broader issue: while the NCAA continues to enforce traditional rules to maintain the integrity of the game, these regulations may struggle to keep up with the rapid changes in NIL practices. Bramhall and Goplerud both point out that while the NCAA has justified its decision within its current framework, the evolving landscape may force the organization to reconsider its approach. As more schools attempt to innovate within NIL fundraising, the tension between maintaining the traditional structure of college athletics and embracing new opportunities for athletes will likely grow, pushing the NCAA to either adjust its policies or face further challenges.
The Future of NIL
Looking ahead, the NCAA will likely continue to restrict similar attempts to promote NIL during official team activities until it develops a consistent, league-wide approach. Bobby Bramhall believes that in the short term, “the NCAA will limit other attempts” like Oklahoma State’s QR code plan, but notes that the organization should consider revisiting its policies to avoid stifling innovation. The challenge for the NCAA will be balancing its desire to maintain tradition with the need to adapt to the fast-evolving NIL landscape.
Peter Goplerud sees this decision as a sign of what’s to come, acknowledging that while the QR code approach was innovative, it highlights how schools might continue to push the boundaries. Goplerud adds that the NCAA will have to address these trends sooner rather than later to prevent conflicts over how NIL opportunities are handled. Both experts agree that the NCAA must eventually adjust its regulations or risk facing more challenges as schools and athletes explore new ways to capitalize on NIL.
The Path Ahead for the NCAA
The NCAA’s decision to block Oklahoma State’s QR code initiative marks a turning point in the ongoing clash between long-standing college sports rules and the rapidly changing NIL landscape. As more schools explore creative ways to support their athletes, the challenge of balancing tradition with innovation will only become more pronounced. While Oklahoma State’s plan didn’t move forward, it highlighted the growing need for a modern approach to NIL fundraising and how schools can navigate these uncharted waters.
Moving forward, the NCAA will have to rethink how it handles NIL to stay relevant. Experts like Bobby Bramhall and Peter Goplerud agree that while maintaining some level of oversight is important, the organization also needs to be flexible enough to allow innovation. If the NCAA doesn’t evolve, schools and athletes will continue pushing the envelope on their own terms. This situation is just the beginning of a larger shift, and how the NCAA adapts will shape the future of college athletics.
Author’s Biography
Joseph M. Ricco IV is a junior Sport Management and Government double major at the University of Texas at Austin. Joseph is actively involved as a Texas Longhorns Football Recruiting Operations Intern and currently works with Pro Football Focus as a Data Collector. He also has experience as a Training Camp Operations Intern with the Kansas City Chiefs. Joseph aims to leverage his sports management and legal knowledge to pursue a career in football administration.
References
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McCaskill, S. (2024, September 2). NCAA bans Oklahoma State from wearing QR code player helmets seeking Nil Donations. SportsPro. https://www.sportspromedia.com/news/ncaa-oklahoma-state-university-nil-qr-code-helmet-ban/
Sports Business Journal. (2024, September 3). Gundy to appeal NCAA ruling that blocks Oklahoma State’s helmet QR codes. Mike Gundy to challenge NCAA ruling to block OSU helmet QR codes. https://www.sportsbusinessjournal.com/Articles/2024/09/03/oklahoma-state-qr-codes
Thompson, S. (2024, August 31). NCAA stops Oklahoma State from placing QR codes linking to Nil Fund on helmets in Week 1. Fox News. https://www.foxnews.com/sports/ncaa-stops-oklahoma-state-from-placing-qr-codes-linking-nil-fund-helmets-week-
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Willert, T. (2024, August 31). NCAA blocks Oklahoma State from wearing QR codes for Nil Fund on helmets, saying decals break rule. Yankton Press & Dakotan. https://www.yankton.net/national_sports/article_3ced6463-696b-57d0-9328-f6cee3d5697b.html
