The Exit Fee Was Never the Real Barrier—It's the GOR The idea that the ACC’s so-called “exit fee” dropping below $100 million suddenly makes it easier for FSU and Clemson to leave is a red herring. The real obstacle has never been the exit fee—it’s the Grant of Rights (GOR). Paying the exit fee only gets a school out of the conference; it does nothing to reclaim the media rights they signed away. As long as the GOR remains enforceable, the ACC—not FSU or Clemson—controls their media revenue through 2036. That’s why their legal arguments have focused on sovereign immunity rather than traditional contract defenses. They aren’t fighting the exit fee—they’re fighting to break the GOR and take their media rights with them. The GOR is a Copyright License—And Long-Term Licenses Are Enforceable At its core, the ACC’s GOR isn’t just a contract—it’s an IP license. FSU and Clemson voluntarily licensed their media rights to the ACC for a defined term, much like a content creator licenses their work to a distributor. Long-term IP licensing is standard practice—media companies, sports leagues, and content owners routinely sign deals spanning decades, and courts consistently uphold them. In fact, under 17 U.S.C. § 203, federal copyright law permits authors to terminate an assignment only after 35 years. If Congress considers 35 years a reasonable licensing period for original creative works, a 20-year GOR for college media rights is hardly excessive. What makes the GOR particularly strong—and problematic for Clemson and FSU— is that it covers not just existing works but prospective works (future games). Courts have consistently upheld such sophisticated commercial arrangements, and the standard for unconscionability is extraordinarily high in this context—virtually insurmountable for universities that willingly entered these agreements with full legal representation.
You: “The real crux of the issue for FSU and Clemson is the GOR which runs through 2036.”
It no longer runs thru 2036. It will now leave when a team leaves. Teams will be leaving before 2036….like in 2030.
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