Name, Image, and Likeness (NIL) Agreements

Summary

This practice note provides an overview of the name, image, and likeness (NIL) rights recently granted to NCAA student-athletes. The note addresses the new NCAA regulations and guidance, as well as state laws pertaining to student-athletes' ability to commercially exploit their names, images, and likenesses. The note also identifies key considerations for student-athletes, institutions, and corporate sponsors in NIL agreements. Issues discussed include compensation, usage rights, exclusivity, force majeure, morality clauses, intellectual property rights, tax considerations, impact on financial aid, and special circumstances pertaining to international students.