NCAA Name, Image, and Likeness (NIL)
Athlete Defender is a law firm and not a sports or marketing agency.
Jason Setchen has been an active attorney for over 20 years and Athlete Defender has worked with collegiate and professional athletes for over a decade. We have closely followed recent developments in state, federal, and NCAA legislation with respect to a student-athlete’s use of their own Name, Image, and Likeness (“NIL”).
The NCAA will soon allow college athletes to earn money by using their own name, image, and likeness for profit. This development will change the landscape of collegiate sports forever. It is expected that this new NCAA legislation will become effective as soon as January 2021. This development will create countless new opportunities for male and female collegiate athletes to earn income from their NIL while engaged in college athletics.
There will still likely be restrictions called “guard rails” on how student-athletes will be permitted to benefit from this monumental rule change and strict compliance with new bylaws will be necessary to ensure that student-athletes do not jeopardize their NCAA eligibility.
This new NCAA NIL legislation will also undoubtedly cause confusion for compliance personnel and student-athletes alike especially at the early stages of implementation. Before engaging in any activity to benefit from NIL once the legislation is officially passed, student-athletes should consult with the NCAA, your institution’s compliance department, and consider retaining independent counsel. After all, with the passage of NIL legislation, your collegiate athletic career will increase in value and YOU and your NIL may now potentially have financial value to protect.
Opportunities for student-athletes to earn income from their NIL will be plentiful and may include participation in product advertisements and placement in print ads, television ads, and with radio appearances as well as billboards. Social media also will present a new frontier for student-athletes to monetize exposure and gain financial opportunity through NIL. Student-athletes may also be in a position to receive appearance fees at stores, venues, and events and may also be able to engage in other ways like participation in autograph signings and offering paid private coaching sessions.
Consulting with an attorney before engaging in any business venture is always recommended whether you are an athlete or a layperson. Engaging in the business of monetizing your NIL is no exception especially because of very real NCAA compliance and eligibility considerations.
If you are a current or prospective NCAA student-athlete and believe that you may be in a position to financially benefit from your NIL once this groundbreaking NCAA legislation is passed, you should consult with an experienced NCAA attorney.
NCAA Athlete Representation for NIL
Athlete Defender can aid NCAA student-athletes with NIL issues in some of the following ways:
- Interfacing with school compliance officers and offering support in documenting the NIL relationship to ensure that they are NCAA compliant and do not pose a risk to NCAA eligibility.
- Representing student-athletes in disciplinary and enforcement actions brought by the NCAA or a member institution in connection with alleged improper usage of NIL or non-compliance with NIL legislation.
- Providing contract drafting, contract review, and offering legal advice where appropriate when entering into an approved NIL relationship with business partners and/or appropriate third parties.
- Providing representation and advocacy for student-athletes in all facets of NCAA NIL related compliance and enforcement.
- Providing assistance and counseling to student-athletes about how to benefit from their NIL in compliance with NCAA Legislation.
- Drafting and/or reviewing of business documents that will likely accompany NIL related business relationships.
- Providing legal representation in connection with the collection of money earned but not paid for work performed by a student-athlete by a business partner or third party (Breach of Contract).
Contact Athlete Defender today to schedule a consultation and put Jason and his over 20 years of legal experience to work for you.