Sports IP Corner: Name, Image & Likeness

by Perry Binder

One of the hottest IP issues in sports is the compensation model that college athletes will consider for their “Name, Image, and Likeness” (NIL).  Per Sportico:

As early as July 2021, college athletes will be able to license their NIL for use in commercial products—such as sneakers, apparel, sporting equipment, trading cards and potentially video games—as well as for influencing followers on social media and sponsoring summer camps and autograph shows. Those athletes will also be able to hire agents. The path to this new world is still under construction.

Last year, SI’s Dawgs Daily referenced the developing NIL models in an article entitled Georgia Football is Prepared for NIL Era:

Schools are going to have to find a way to ensure student-athletes that they are going to be able to not only provide a quality education, not only provide excellent facilities and a program that can develop players' skills, but also that they are going to be able to help players establish and grow a personal brand.

As evidence of NIL uncertainty, Reuters reported in February that Notre Dame “isn’t ready to be a part of EA Sports’ highly anticipated college football video game” until rules are established on student-athlete profit sharing.

Stay tuned to the Sports IP Hot Corner for further NIL developments.

Perry Binder, J.D. is a Legal Studies professor at GSU’s Robinson College of Business and is an EAS IP Committee Member.