Campo Law PLLC

Name-Image-Likeness: Overview for Athletes

Nov 04, 2023

Introduction

There's a significant shift happening in the world of college sports, and it's all about empowering athletes. The law surrounding Name, Image, and Likeness (NIL) is opening new doors for college athletes—especially in hockey, baseball, football, and basketball. Understanding this change, its origins, and what it means for you is crucial, whether you’re a coach or an athlete.

History of NIL

Historically, college athletes were sidelined when it came to making money from their identity. Even as colleges raked in millions, athletes couldn’t earn a dime from their name, image, or likeness. This changed after critical legal battles such as O’Bannon v. NCAA in 2014, which challenged the status quo and set the ball rolling for a new era in college sports.

Fast forward to today: Several states have passed their own NIL laws, with Florida becoming the first in July 2021. The NCAA has adopted interim policies to align with these changes. The Federal government is eyeing a unified approach to avoid a jumble of state laws, aiming for clarity and fair play.

Significant Legal Developments 

The legal landscape surrounding Name, Image, and Likeness (NIL) has been evolving, and the legal profession is quickly adapting to this emerging practice niche. The pivotal moment came on June 21, 2021, when the U.S. Supreme Court handed down a landmark decision in NCAA v. Alston, upholding a lower court ruling that NCAA rules limiting education-related compensation violated Section 1 of the Sherman Act. Following this, the NCAA suspended its NIL rules for all student-athletes, marking a seismic shift in college athletics.

Five pivotal legal rulings and events have carved out NIL as a legal frontier:

  1. NCAA v. Alston: A landmark case where the U.S. Supreme Court in June 2021 ruled in favor of college athletes, allowing them to receive education-related benefits. This case targeted antitrust laws and indirectly impacted NIL rights by highlighting the financial exploitation of student-athletes by the NCAA​.
  2. O'Bannon v. NCAA: A precedent-setting case where former UCLA basketball player Ed O'Bannon challenged the NCAA's use of the images of its former student-athletes for commercial purposes without compensation.
  3. District Court Ruling on Compensation: A district court ruling that permanently enjoined the NCAA from prohibiting its member schools from compensating FBS football and Division I men’s basketball players for the use of their NILs by awarding them grants-in-aid up to the total cost of attendance at their respective schools or paying up to $5,000 per year in deferred compensation​.
  4. U.S. Supreme Court Ruling on Education-related Payments: In July 2021, the U.S. Supreme Court unanimously ruled that the NCAA could not prohibit student-athletes from profiting off education-related payments, a significant ruling that further opened the door for NIL rights for college athletes​.
  5. State-by-State NIL Legislation: The passing of NIL laws on a state-by-state basis has also significantly impacted the NIL landscape. The varying laws across states have created a complex environment for institutions and athletes to navigate.

These decisions and legislative actions have collectively chiseled the path for the evolving NIL landscape, creating a new realm of opportunities and challenges for student-athletes, colleges, and other stakeholders.

So, what does this mean for athletes in 2024?

The world got a bit wider if you’re a college athlete. You now have the legal backing to monetize your name, image, and likeness through endorsements, social media, or even your merchandise while still retaining your eligibility to play. However, the rules can be complex and vary from state to state. Getting a solid grasp of the laws and staying updated on the evolving landscape is critical to maximizing these newfound freedoms.

Coaches, too, your role has expanded. It’s not just about the game anymore. It's about guiding your players in this new legal terrain, ensuring they make the most of their opportunities on and off the field while remaining compliant.

Conclusion

Navigating these waters might seem daunting, but you don’t have to do it alone. Specialized NIL attorneys like those at Campo Law cater to athletes', coaches', and institutions' unique needs. We understand the ins and outs of NIL, and we’re here to guide you through every step of the way.

Whether you’re a coach seeking to provide the best for your players or an athlete aiming to capitalize on your brand, having a knowledgeable partner can make all the difference. Let’s explore how you can make the most out of your name, image, and likeness together.