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Hot Topics: Paying College Athletes: Name, Image, and Likeness (NIL)

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

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 BrandJournal of Legal Aspects of Sport33(1), 46–58.

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 LegislationJournal of Legal Aspects of Sport33(1), 59–85.

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.