Pryor Cashman lawyer Nicholas Saady and NYLS NIL Pro Bono Project Co-President Ben Radisch co-wrote an article for Sports Business Journal looking at the state of play for name, image, and likeness (NIL) rights for college athletes and colleges themselves.
In "A booth review of NIL development and the NCAA's grip on athlete IP," Nick and Ben note that "a federal court in Tennessee issued a temporary injunction suspending enforcement of NCAA rules prohibiting prospects and potential transfers from communicating about and entering NIL deals with third parties – including with collectives and boosters," which is part of "a chain of events which have chipped away at the NCAA's power over the monetization of athletes' NIL and IP."
The article examines state laws and potential congressional action (or inaction) that have substantially changed how student athletes can take advantage of NIL rights to make endorsement deals and license their personal brands:
Ultimately, the key takeaway from recent events is that college athletes are poised to monetize their NIL more than ever before — utilizing their increased powers to develop significant personal brands and secure their long-term professional and financial success.
Read the full article here (subscription may be required).
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