Name, Image, and Likeness in Sports

Individuals have the legal right to control how their Name, image, and likeness (“NIL") is used commercially, including endorsements and sponsorships. For many years, college athletes have been barred from earning income relating to NIL, even though their athletic contributions earned substantial revenue for their colleges. This changed in 2021 when the NCAA lifted those restrictions, allowing student-athletes to make money from NIL agreements. Now, college athletes can sign offers with various businesses, from major manufacturers like Nike and Adidas to smaller neighborhood companies and startups.

Athletes must comply with applicable laws and rules, however. Some states have specific NIL laws, while others depend upon universities to set regulations. If NIL laws don’t exist, universities create their own rules, and athletes are regularly required to report their NIL contracts to their school. Many universities also provide resources like guidance documents and legal guidance to assist athletes in navigating these agreements responsibly. Athletes can earn large sums of money through NIL if they have a large social media following or a huge appeal. For example, former Ohio State wide receiver Marvin Harrison Jr. had an NIL valuation of approximately $1.4 million, partly due to his partnership with New Balance. However, NIL opportunities are not just restricted to big-name stars. Players like Trey Knox and Ga'Quincy "Kool-Aid" McKinstry have leveraged their specific traits: Knox via a PetSmart deal featuring his dog, Blue, and McKinstry through a partnership with the Kool-Aid Brand. These diverse NIL opportunities have reshaped college sports, giving athletes the chance to not only earn but to establish their own brands and deepen connections with fans (ESPN, 2024; Sportskeeda, 2024).

NIL deals have brought benefits for college athletes, but they also come with some significant challenges. One of the primary advantages is financial empowerment. For the first time, college athletes can earn money from their skills, allowing them to support themselves financially. Athletes with high profiles like Travis Hunter have earned large sums of money through NIL, setting an example for future athlete branding (Allison, 2024). NIL deals, however, can create income disparities within and across teams. Most top NIL earners come from high-revenue sports like football and basketball, and athletes with a strong social media presence (or someone related to a famous athlete) often earn more than similarly skilled teammates (ESPN, 2024).

We spoke to two attorneys with expertise on college NIL issues. Donald Woodard, originally from Temple Hills, Maryland, is a sports and entertainment attorney and a founder of the Atlanta law firm Carter + Woodard, LLC. Mr. Woodard is an alumnus of Morehouse College and Indiana University-Maurer School of Law, and previously served as the Deputy General Counsel and Chief Business Affairs Officer for USA Track & Field, Inc. His sports clients include Olympic gold medalist Masai Russell, WNBA star Angel Reece, and college stars Flau’jae Johnson and Julian “Ju Ju” Lewis (Carter + Woodard, and Southern Poverty Law Center). Mr. Woodard told us how he became the attorney for Lewis, Reece, and Johnson.

Photo of Donald Woodard and Angel Reece at the 2024 WNBA Draft, courtesy of Woodard.

Mr. Woodard and Daniel Anyaegbunam, an attorney with Think450, a subsidiary of the National Basketball Players Association, explained the impact of the changes in NIL rules and the current status of college sports with NIL.

Jaime Miettinen, the vibrant attorney behind Miettinen Law PLLC, is based in Detroit, Michigan. She specializes in legal issues relating to sports, entertainment, and the arts. Miettinen is a proud alumna of the University of Michigan and Tulane University Law School, and teaches a sports law course at University of Detroit Mercy School of Law. She writes a widely read sports blog and records a podcast under her personal brand the Sports Law Blonde (Miettinen, 2024). Ms. Miettinen identified three types of NIL opportunities for college athletes, particularly lesser-known athletes.

Ms. Miettinen discussed the applicable laws and rules with which college athletes must comply, and the processes Michigan athletes must follow to get their NIL deals approved by their college. Ms. Miettinen also listed important contractual provisions athletes should review in NIL deals before signing.

Finally, soccer agent Remy Cherin, who represents several members of the U.S. Women’s National Team, explained how NIL/marketing deals are particularly important to his clients because of the relatively low salaries in women’s soccer leagues.

References

Allison, B. (2024, March 29). NIL pros and cons: The college game is changed forever. Sportsepreneur. https://sportsepreneur.com/nil-pros-and-cons/

Carter + Woodard, https://carterwoodard.com/

Ehrlich, M. (2024, September 18). Colorado star Travis Hunter makes NIL history with new deal. Sports Illustrated. https://www.si.com/fannation/name-image-likeness/nil-news/coach-prime-forward-thinking-nil-approach-keeps-colorado-competitive

ESPN (2024, September 26). What is NIL in college sports? How do athlete deals work? ESPN. https://www.espn.com/college-sports/story/_/id/41040485/what-nil-college-sports-how-do-athlete-deals-work

Essentially Sports Staff. (2024). Marvin Harrison Jr. NIL earnings: How much did he make from NIL deals in Ohio? Essentially Sports. https://www.essentiallysports.com/nfl-ncaa-news-marvin-harrison-jr-nil-earnings-how-much-did-he-make-from-nil-deals-in-ohio/Jaime Miettinen, https://www.miettinenlawpllc.com/meet-the-attorney

NCSA. (n.d.). Name, Image, and Likeness (NIL). NCSA Sports. Retrieved November 25, 2024, from https://www.ncsasports.org/name-image-likeness

Southern University Law Center, https://www.sulc.edu/page/7516

Sportskeeda Staff. (2024). How much is Marvin Harrison Jr.'s NIL deal worth? Sportskeeda. https://www.sportskeeda.com/nfl/how-much-is-marvin-harrison-jr-nil-deal-worth