Florida in 2021 authorized the practice of letting athletes profit from products that contain their name, image, and likeness (NIL). The National Collegiate Athletic Association (NCAA) that same year loosened its stranglehold on students who were, until then, not allowed to profit from the brands they built. Because there are no federal standards, states have patched together different rules their schools, universities, and students who play sports must follow. And the NCAA rules also come into play.

You may ask if NIL applies to other public figures besides athletes. With new NCAA rules and Florida laws allowing athletes to profit, the remedy when someone uses a person’s name or image, but does not pay, is the same for movie stars and social media influencers. You can sue for appropriation of your likeness, being placed in a false light, or intrusion of solitude. However, NIL generally applies to athletes’ negotiations, while appropriation is a civil tort. A West Palm name, image, and likeness (NIL) lawyer can draft the contracts that athletes enter to monetize their brand.

What the NCAA NIL Rules Do and Do Not Allow

The evolution of NIL began with the NCAA forbidding college athletes from getting paid for endorsing products using their name, image, or likeness because the money disqualified them as amateurs. The change in theory, now that athletes can profit without disqualifying themselves from competition, came from legal challenges, state legislation, and public pressure. Some restrictions still apply. The NCAA rules now:

  • Allow athletes to sponsor or endorse products or services for a fee
  • Allow athletes to be paid for personal appearances, autographs, and content creation
  • Allows athletes to promote brands, products, or services on their social media platforms
  • Do not permit payments from schools to entice athletes to enroll
  • Do not permit payments tied to athletic performance
  • Do not permit payments for lending NIL as an endorsement for policy violating acts, such as underage participation in cigarette advertising

An NIL attorney can help an athlete in West Palm ensure that all contracts meet NCAA rules and Florida laws.

What Florida Says About NIL

Florida colleges and universities often receive lucrative endowments because the donor is a fan of a school team, such as the Miami Hurricanes or Florida Gators. Coaches are recruited for multi-million-dollar salaries, too, so the legislature determined the players who stoke loyalty from fans and sponsors should also profit.

Allowing student athletes to profit from NIL is a recruitment tool to bolster a school’s roster, but suddenly allowing a young person to make money on their brand should come with help in understanding money management. Along with mirroring the NCAA NIL rules, state schools are providing classes in financial literacy, such as the APEX program at FSU. Athletes can take two for-credit courses in name, image, and likeness through the FSU College of Business. A West Palm NIL attorney protects athletes’ interests and ensures they understand the rules and laws they must follow.

Get Legal Help From a Name, Image, and Likeness Attorney in West Palm Now

If you are a student athlete who has been approached to lend your name, image, or likeness to a product, service, or consumer brand, there are rules and limitations to what governs your participation. Professional athletes must also understand any deals they sign. You should have a contract that spells out what you are to do and how much you are going to be paid. If you are presented with such a contract, you should ask an entertainment rights lawyer to review and explain it.

Our IP attorneys keep close watch on the changing landscape of NIL. New state or federal laws could broaden the rules, such as requiring college classes in contracts as well as money management. Contact a West Palm name, image, and likeness lawyer from Lomnitzer Law to handle negotiations and contracts while you concentrate on building your brand and playing the sport you love.

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