NIL Rundown: Name Image & Likeness and the Right of Publicity

What is NIL?

If you’re an athlete or the parent of an athlete, you’ve probably heard about NIL. But if your knowledge stops there, here’s a brief rundown of what it is and how it fits into the landscape of college athletics.

The Law of NIL

NIL is nothing new. States have long recognized the right of publicity, which protects your right to control the recognizable aspects of your identity from being used improperly by others. Essentially, we all have the ability to prevent businesses from using our name, image, and likeness (NIL) for commercial purposes without permission.

The key word here is commercial. For example, while you typically can’t prevent a news outlet from filming you in a public place, you usually can stop a car dealership from using your smiling face on a billboard without your consent.

As you probably know, the value of this right of publicity comes from celebrity endorsements. Brands are willing to pay well-known athletes large sums of money to license their NIL for promotional purposes. While anyone can license their NIL, the price depends on demand—meaning a national sports star’s NIL is worth significantly more than that of a local or regional athlete. Each NIL deal is unique, not because the law itself has changed, but because the value of an endorsement depends on the athlete and the brand involved.

NIL for Student-Athletes

While the right of publicity has remained the same, the rules for student-athletes have changed. Today, “NIL” has become shorthand for the ability of college athletes to profit from their name, image, and likeness.

Until recently, NCAA rules prohibited student-athletes from making money through NIL deals. That all changed after NCAA v. Alston, 141 S. Ct. 2141 (2021), which led to a shift in NCAA policy, allowing athletes to enter into brand partnerships. Now, student-athletes can monetize their NIL, but the regulations governing these deals vary by state, school, and even individual conference—and they may continue to evolve.

To stay compliant, college athletes need to stay up to date on NCAA rules and state laws before entering into any NIL agreements. Some key requirements include:

    •    NCAA regulations, such as reporting certain NIL contracts to the organization.

    •    University-specific policies, which may include reporting obligations or mandatory educational courses on NIL.

    •    State legislation, which continues to change as lawmakers refine NIL guidelines.

Because of these complexities, student-athletes should consult an attorney knowledgeable in NIL laws in their school’s state before signing any agreements.

NIL as a Recruitment Tool

One of the unintended (though predictable) consequences of changing NIL rules is their use in college recruitment. Universities have long relied on booster clubs—groups of wealthy alumni and supporters who financially back athletic programs—to support their teams. Now, these boosters can play a direct role in NIL deals, helping attract top recruits with lucrative endorsement opportunities. This comes with its own issues, as high profile recruits have had their university commitments flipped with promises of NIL earnings that may or may not have been honored.

A cynical view of NIL would argue that some colleges use sham NIL deals as a way to compensate athletes without violating other NCAA rules. While NIL was originally intended to allow student-athletes to benefit from their publicity rights, it has also become a powerful tool in the competitive world of college recruiting.

The Big Takeaway

At its core, NIL is simply the same right of publicity that has allowed athletes and public figures to profit from endorsements for decades. The only real change is that NCAA athletes can now participate in these deals, whereas before, they could not.

For student-athletes, the most important thing is staying informed. NCAA policies, state laws, and university rules are constantly evolving, and failing to comply could put an athlete’s eligibility at risk. As with any contract, consulting a knowledgeable attorney before signing an NIL deal is essential.