Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Current Landscape of NIL Contracts Under NCAA Policy 

By Phil Petrina
June 01, 2023

The U.S. House Subcommittee on Innovation, Data, and Commerce has held the first U.S. Congressional hearing on name, image and likeness (NIL) contracts in collegiate athletics since the National Collegiate Athletic Association (NCAA) adopted its Interim NIL policy in July 2021. That policy marked a dramatic shift in NCAA protocol and, for the first time, allowed student athletes the opportunity to profit from the commercialization of their name, image and likeness. In other words, under the new policy, student athletes could enter into endorsement deals.

Since then, most major colleges and universities and college athletic conferences have adopted NIL compliance policies and procedures of their own for student-athletes, coaches and other institution staff to comply with. On top of the broad NCAA Interim NIL policy and subsequent institution and conference level compliance rules, 32 states have passed their own, preemptive legislation to regulate NIL deals that student athletes are making within their respective state borders. All of this has left interested stakeholders from the student athletes themselves to coaches, administrators, boosters, and interested businesses and investors with a whirlwind of cross-border legislation and compliance policies to grapple with.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

Warehouse Liability: Know Before You Stow! Image

As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.