Compensating NCAA Student Athletes: How to Navigate Name, Image and Likeness Laws

The NCAA student-athlete compensation rules have changed. That change will have consequences, both intended and unintended. An athlete's name, image or likeness (NIL) may have protectable intrinsic value. The right to license and profit from one's NIL, often referred to as the "right of publicity," is explicitly recognized by statute or common law in at least 35 states. In most states, any person who knowingly uses another's name, voice, signature, photograph or likeness in any manner, on or in products, merchandise or goods or for purposes of advertising or selling or soliciting purchases, without such person's prior consent, may be liable for any damages sustained by the person injured as a result. In this article, the authors discuss how to navigate name, image and likeness laws.