GSU Library Research Guides: Hot Topics: Paying College Athletes: Name, Image, and Likeness (NIL): Law and Legislation

O'Bannon v. NCAA,802 F.3d 1049 United States Court of Appeals, Ninth Circuit.

Plaintiff O'Bannon filed suit against the NCAA and CLC, alleging that the NCAA’s amateurism rules, insofar as they prevented student-athletes from being compensated for the use of their names, images, and likenesses (NILs), were an illegal restraint of trade under Section 1 of the Sherman Act, 15 U.S.C. 1. Plaintiff Keller filed suit against the NCAA, CLC, and EA, alleging that EA had impermissibly used student-athletes’ NILs in its video games and that the NCAA and CLC had wrongfully turned a blind eye to EA’s misappropriation of these NILs. Both cases were consolidated. The district court entered judgment for plaintiffs, concluding that the NCAA’s rules prohibiting student-athletes from receiving compensation for their NILs violate Section 1 of the Sherman Act. Read full case.

National Collegiate Athletic Association v. Alston, 2021

The National Collegiate Athletic Association (NCAA) limits how schools may compensate college-level “amateur” student-athletes. Current and former student-athletes brought suit under Section 1 of the Sherman Act, which prohibits “contract[s], combination[s], or conspirac[ies] in restraint of trade or commerce,” 15 U.S.C. 1. Read more....

NCAA adopts NIL

NCAA NAME, IMAGE, LIKENESS RULE
College sports are undergoing a major shift, all because of one important question: Should college athletes be paid? In June 2021, the NCAA responded by implementing an interim policy on name, image and likeness, or NIL, allowing student-athletes to make money from their personal brand.
Interim NIL Policy
The policy provides the following guidance to college athletes, recruits, their families and member schools:
Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a
resource for state law questions. College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness. Individuals can use a professional services provider for NIL activities. Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
Name, Image, and Likeness Interim Policy
Latest policy news from the NCAA

Journal of Legal Aspects of Sport

Articles from a special issue of Journal of Legal Aspects of Sport, volume 33, issue 1, 2023

Grady, J. (2023). Testing the Bounds of Universities’ Merchandising Rights in Light of Penn State v. Vintage Brand. Journal of Legal Aspects of Sport, 33(1), 46–58. https://doi.org/10.18060/27105

Moorman, A. M., & Cocco, A. R. (2023). College Athlete NIL Activities and Institutional Agreements at a Crossroads: An Analysis of the Regulatory Landscape and “Conflict Language” in State NIL Legislation. Journal of Legal Aspects of Sport, 33(1), 59–85. https://doi.org/10.18060/27106

Sabin, J.; Ehrlich, S. C.; Bierma, F.; Goldsmith, A. (2024) 'Entertaining' a New College Athlete Unionization Structure. Journal of Legal Aspects of Sport, 34(1), 26–76.