News & Analysis as of

Contract Terms Name and Likeness

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

Dorsey & Whitney LLP

ER and The Pitt-falls of a Frozen Rights Provision

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Michael Crichton, author, director, and visionary created works that resonate today like Jurassic Park, Twister, Westworld, and ER. Now, his estate is suing the production team and leading actor of the newly released medical...more

Weintraub Tobin

The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

Weintraub Tobin on

What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and...more

Troutman Pepper Locke

Navigating Roster Limit Challenges: Updates to the House v. NCAA Settlement Agreement

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On May 7, the parties in House v. NCAA submitted supplemental briefs in response to U.S. District Judge Claudia Wilken’s April 23 order requiring both parties to address her concerns over the issue of roster limits. These...more

Venable LLP

Iamaleava v. Razorbacks: Are NIL Buyouts the Future of College Sports?

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When a party to a contract fails to fulfill its contractual obligations, the non-breaching party often can seek damages or restitution. However, in the world of name, image, and likeness (NIL), it may not be so simple. ...more

Haynsworth Sinkler Boyd, P.A.

NIL: Why Every Student-Athlete in the Transfer Portal Needs Legal Representation

The NCAA transfer portal has become a defining feature of college athletics. Each year, thousands of student-athletes enter the portal for a variety of reasons such as seeking a better fit, increasing playing time, or...more

DLA Piper

2025 SAG-AFTRA Commercials Contracts MOAs Transform in the Digital Age

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On April 11, 2025, The Joint Policy Committee, LLC (JPC), led by DLA Piper Partner and Chief Negotiator Stacy Marcus, and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) reached an...more

Amundsen Davis LLC

Protecting Student-Athletes and Their Families: A Guide to Navigating Agent Selection, NIL Agreements, and Collectives

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As the world of college and professional sports rapidly evolves, athletes and their families are faced with a complex and often overwhelming landscape of opportunities and obligations. The worlds of name, image, and likeness...more

Fisher Phillips

Caught in a Raging Storm: 5 Steps Your School Should Take as NIL Disputes Continue to Cause Problems for Universities

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A new name, image, and likeness (NIL) dispute signals that the storm surrounding college athlete compensation will not be calming anytime soon. A lawsuit involving Florida State’s head basketball coach is the latest – but...more

Littler

New York’s Digital Replica Law and its Impact on Artificial Intelligence and the Entertainment Industry

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New York Senate Bill 7676B regulates contracts for the creation and use of digital replicas. This law took effect on January 1, 2025. The law defines “digital replica” as “a digital simulation of the voice or likeness of an...more

Eversheds Sutherland (US) LLP

Film Room: Associated Entities and Individuals

Unpacking “Associated Entities and Individuals”—a key consideration when developing an optimal NIL strategy for your campus - This is Film room, where we’ll break down the whirlwind of legal and regulatory activity in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #2

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Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more

Bricker Graydon LLP

The Rashada Lawsuit: A Wakeup Call for Compliance Offices and Coaches

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One of the first ever NIL lawsuits, Rashada v. Hathcock, et al (Case No. 3:24-cv-00219-MCR-HTC, N.D. Fla.), focuses on broken promises related to an NIL deal during the recruiting process. ...more

Arnall Golden Gregory LLP

The Pitch - April 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Bradley Arant Boult Cummings LLP

Homeward Bound: NCAA Working Group Proposal Signals Step Toward Bringing NIL Deals In-House

The possibility of colleges directly compensating student-athletes for the use of their name, image, and likeness (NIL) is edging closer to fruition. The NCAA’s NIL Working Group recently proposed rule changes related to NIL...more

Arnall Golden Gregory LLP

NIL Compensation or Salary? Depends on the Contract

As name, image, and likeness (“NIL”) deals dominate high school and collegiate sports, it is increasingly important to have an airtight contract for high school and college athletes to preserve NCAA eligibility. Just ask Matt...more

BakerHostetler

Division I Council Approves NIL Disclosure and Transparency Rules, Introduces New Proposals for School Involvement

BakerHostetler on

This month, the NCAA Division I Council approved a proposal to address student-athlete protections related to name, image and likeness (NIL) deals. The proposal will become effective August 1....more

Ward and Smith, P.A.

Off the Bench: Understanding the Name, Image, and Likeness (NIL) Arena

Ward and Smith, P.A. on

In an exclusive webinar produced by Ward and Smith, two attorneys coached participants through the changing landscape of Name, Image, and Likeness (NIL). In addition to reviewing new guidance recently published by the NCAA,...more

BakerHostetler

Flag on the Play: NIL an Open Question for Athletes, Advertisers and Collectives

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In May 2022, Gervon Dexter signed a name, image and likeness (NIL) deal with Big League Advance Fund (BLA or the Fund). Under the terms of the agreement, the Fund agreed to pay Dexter a one-time fee of $436,485 in exchange...more

Fox Rothschild LLP

NIL Lawsuit Serves as Cautionary Tale for College Athletes

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Former Florida Gators star defensive lineman and current Chicago Bears rookie Gervon Dexter recently filed a federal lawsuit to void his agreement with name, image and likeness (NIL) group, Big League Advance. The lawsuit...more

Jackson Lewis P.C.

Draft Bill on Name, Image, and Likeness: Uniform Standard Contract, Medical Trust, NCAA Authority

Jackson Lewis P.C. on

The “Protecting Athletes, Schools, and Sports Act of 2023” is draft legislation that includes new restrictions and benefits for student-athletes and booster collectives that would change the landscape of the issue of name,...more

Gibney Anthony & Flaherty, LLP

The Three Things Student Athletes Should Consider for Every NIL Contract

With student athletes now able to profit from their name, image and likeness (NIL), athletes are taking advantage of opportunities to partner with brand sponsors. When entering into contracts, athletes need to review...more

Bricker Graydon LLP

Developing a NIL policy: Enforcement and other considerations (Part 7)

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In our Developing a NIL policy checklist series to date, we’ve reviewed: (1) the five foundational pillars, (2) general statements to include; (3) the use of institutional logos, marks, and facilities; (4) disclosure and...more

Bricker Graydon LLP

Developing a NIL policy: Disclosure and review of NIL agreements (Part 4)

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In our Name, Image and Likeness (NIL) checklist series, we’ve so far reviewed the foundational pillars that support your institution’s approach to NIL, the general considerations provided by state laws, regulations or...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

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