Name, Image, and Likeness (NIL)

If you follow college or high school sports, you’ve likely heard the term “NIL.” It stands for Name, Image, and Likeness and generally allows college athletes to receive compensation from sources other than the schools directly for their accomplishments on and off the field. More specifically, NIL refer to the rights an athlete possesses to control the commercial use of their name, photographs, endorsements, and other identifying elements. These rights are of significant importance for athletes as they create valuable opportunities for endorsements, sponsorships, and other revenue-generating activities.

California Leads the Way

California was the first state to pass NIL legislation with the original intent of implementing it in 2023. In June 2021, however, the United States Supreme Court unanimously held in NCAA v. Alston that NCAA caps on student-athlete benefits (i.e. reimbursements and pay for academic-related expenses) violate antitrust law. Forced to adapt, the NCAA thereafter suspended its existing NIL restrictions.

In response to the Supreme Court’s ruling, California’s NIL law went into effect earlier than originally scheduled on September 1, 2021. The law applies to intercollegiate student-athletes as well as high school athletes, who can agree to commercial endorsements as long as the endorsement is not affiliated with the athlete’s school or team.

Since 2021, athletes across the country have tapped into their potential for NIL income. Whether it be from endorsement deals, appearance fees, or selling autographs, there are numerous ways to monetize. Given the rapidly evolving landscape of pay-for-play rules, it is becoming more important than ever for athletes to have legal representation to help navigate the rules, meet eligibility requirements, and make sure the parties involved are complying with the terms of the NIL deal.

Our Legal Services

1. Contract Negotiations

Our attorneys are adept at negotiating contracts and licensing agreements that ensure our clients' interests are protected. We work closely with our clients to understand their goals and aspirations, and we leverage our expertise to secure favorable terms that align with their brand and values.

2. Brand Management and Protection

The value of an athlete's brand extends far beyond their performance on the field. We assist our clients in developing comprehensive brand management strategies that safeguard and enhance their public image. By taking proactive measures, such as trademark and copyright registrations, we help our clients protect their personal brands from unauthorized use and infringement.

3. Dispute Resolution and Litigation

In the event of disputes or infringement of an athlete's Name, Image, or Likeness rights, our litigators are prepared to protect our clients’ interests in court. Our experienced litigators ensure strong advocacy for our clients’ rights in court when facing disputes or infringement of their Name, Image, or Likeness.

Why Choose Us?

Expertise and Experience

Our firm has successfully assisted numerous clients in the entertainment and sports industries. This includes extensive experience in contractual matters, intellectual property protection, and personal injury claims. We stay up to date with the latest changes in the law and in the industries in which our clients operate to ensure our clients receive accurate and relevant legal advice.

Tailored Solutions

Our approach to whatever sports legal issue that may arise is highly individualized. We strive to understand our clients’ specific business goals and provide tailored solutions to match those objectives. Our dedication to personal attention ensures that each of our clients’ matters receive the best possible legal support.

Client-Centered Approach

At Phillips, Erlewine, Given & Carlin, our clients are our top priority. Our client relationships are based on trust and clear communication. Our team takes the time to understand our clients’ concerns, answer their questions, and guide them through the complexities of their rights. We ensure that our clients are well-informed at every step in the process.

Contact us today to discuss your options.

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