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Entertainment and Sports Law Intellectual Property

Current Landscape of NIL Contracts Under NCAA Policy 

As we wait to see if Congress does indeed adopt a preemptive federal standard on NIL, the question becomes: What do business owners, interested investors and attorneys need to know prior to signing a college athlete to a NIL contract under the current landscape?

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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.

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