By: Tate Thompson and Curry Sexton

When the National Collegiate Athletic Association (NCAA) implemented its Interim Name, Image, and Likeness (NIL) Policy, effective July 1, 2021, it did not detail whether and to what extent institutions could be involved in the NIL space. Naturally, the lack of guidance on this issue led to a great deal of confusion and uncertainty. Some states tried to eliminate the confusion and uncertainty by enacting legislation either permitting or prohibiting institutions and their employees from being involved in the NIL space, among other matters. Many other states did not enact any NIL legislation, causing further confusion and uncertainty.

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Client Alert by Curry Sexton

The collegiate athletics landscape has already undergone one recent monumental shift concerning name, image, and likeness (NIL) rights. Effective July 1, 2021, the National Collegiate Athletic Association (NCAA) removed its longstanding restrictions prohibiting student-athletes from receiving compensation for their NIL and implemented an interim policy that permits student-athletes to receive compensation for their NIL. Since then, the focus has shifted to the question of whether student-athletes should be characterized as employees.

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