NIL

On July 1, 2021, the NCAA finally removed its prohibition on college athletes monetizing their fame. Can the states keep up?

What changed that caused Rep. Chip LaMarca to push a refresh to the existing law?

If they haven’t yet, student-athletes will quickly need to get up to speed on IP issues.

Their policy prohibits athletes from using school colors with their NIL deals. Can this be challenged?

Meanwhile, Congress has taken no action on a national NIL law and continues to do nothing despite holding hearings on Capitol Hill concerning the need to provide athletes NIL rights on a nationwide basis.

The overriding concern seems to be that athletes do not enter into arrangements with deliverables that would directly conflict with the terms of the deals that schools have in place with other brands.

The Volunteer State's law contains a broad exclusion that will allow a university to prohibit an athlete's involvement in NIL activities 'that are reasonably considered to be in conflict with the values of the institution.'

Remember: a marketing advance must be offered to the college athlete at the same time or after the player signs a standard representation agreement.

As many as 150 NIL platforms have been created to provide a variety of services to athletes and universities. What could go wrong?

Many of the opportunities for college athletes surrounding the exploitation of their NIL will come in the form of third parties paying for them to post content on their social media profiles.

The first state to have expressly provided the right of publicity to individuals by way of statute was New York, in 1903.