Rules Change for Name, Image and Likeness in College Athletics

Intellectual property partner Abe Shanehsaz and counsel Olivia Clavio coauthored an article for Indiana Lawyer titled “Rules Change For Name, Image and Likeness In College Athletics” which gives an overview of a proposed settlement in a recent case brought against the NCAA related to revenue sharing with student name, image and likeness (NIL) rules. 

The authors said that the proposed settlement includes compensation for past use of NIL and gives guidance on potential regulations on student athletes’ NIL rights moving forward. However, they note that while the settlement has been filed in court, it could take months for it to be accepted or denied. 

Further, the authors note that because there are no federal rules detailing the use of athlete NIL, nor framework for states to adopt such uniform rules, athletes are forced to contend with a patchwork of regulation between states and schools. Shanehsaz and Clavio said they expect the settlement, regardless of if it is adopted or denied, to serve as a hard reset of accepted norms in the college athlete intellectual property rights.