Navigating Name, Image, and Likeness (NIL) Rights in 2025

NCAA photo from ABC News Article

The legal landscape surrounding NIL rights is evolving, which presents new opportunities and challenges for student-athletes, universities, and business sponsors. With recent developments including the NCAA’s recent $2.8 billion antitrust settlement and evolving contract dynamics, the implications reach far beyond collegiate athletics. These developments present both opportunity and risk—not only for student-athletes but also for institutions, brands, and professionals managing publicity rights and trademarks. I have outlined a breakdown below of the recent developments and what they mean for brands and student-athletes. About a week ago, a judge demanded a redo of part of this settlement.

What Are NIL Rights (and Why Should You Care)?

NIL stands for Name, Image, and Likeness — and it refers to your legal right to control how your identity is used for commercial purposes. NIL rights are all about protecting you as a brand. If someone wants to use your name, your photo, or your voice to sell a product, promote an event, or make money in any way — they need your permission.

Here’s a Quick Breakdown:

Name = Your actual name or nickname (e.g., “MJ,” “The Real Deal”)

Image = Photos, videos, likenesses (even cartoon versions of you!)

Likeness = Anything unique to you — your voice, catchphrases, signature moves, etc.

This matters most for athletes, entertainers, influencers, and public figures — but really, anyone who builds a personal brand online or in the media should understand NIL.

Thanks to recent changes in the law, college athletes in particular now have the power to get paid when their name or image is used in ads, on merchandise, or in endorsements. Before, they couldn’t. Now, it’s a game-changer.

NCAA's $2.8 Billion Settlement

In a monumental move, the National Collegiate Athletic Association (NCAA) agreed to a $2.8 billion settlement in the class-action lawsuit House v. NCAA. Two student-athletes, Grant House and Sedona Prince brough suit against the NCAA for NIL damages and to force the NCAA to lift the restrictions on revenue sharing from broadcast rights. This settlement addresses antitrust claims related to the restrictions on athlete compensation for NIL rights. The key components of the settlement are backpay distribution, prospective revenue sharing, and compliance measures. Approximately $2.78 billion is allocated for athletes who competed between 2016 and 2024, compensating for lost NIL opportunities during that period. Additionally, starting July 1, 2025, schools may distribute up to 22% of their athletic revenue to athletes. This marks a significant shift from traditional amateurism models to a system of structured athlete compensation. As part of the settlement, athletes receiving third-party NIL compensation that exceed $600 must report these earnings, which will enhance transparency and oversight. The most recent challenge is current objections to the final approval of the settlement. This is the topic to watch.

The Future of NIL Contracts

A recent Forbes article,on the future of NIL contracts, highlights the complexities emerging in NIL agreements and how they impact college athlethics. In the article the following position of the schools was articulated "Overall, the schools want to protect their future rights to "sublicense" the athletes’ NIL rights derived from sponsorship deals, increased media rights value, future AI projects, etc." We all of the issues surrounding this topic, I want to emphasizes the importance of clear terms in NIL contracts, including payment, deliverables, and dispute resolution mechanisms. The involvement of experienced legal counsel in drafting and reviewing NIL agreements can prevent misunderstandings and ensure compliance with applicable laws.

The Role of Legal Counsel in the Evolving NIL Environment

Given these recent developments, attorneys play a crucial role in navigating the NIL landscape. NIL rights often overlap with trademark, right of publicity, and brand management and attorneys can provide critical value in these key areas.

Trademark Rights

An attorney can help athletes (or their representatives) register trademarks for personal logos, slogans, nicknames, or signature moves. In this way, athletes can convert personal identity into commercially enforceable assets.

Right of Publicity

NIL rights protect a person’s name, image, likeness, and persona from unauthorized commercial use. An attorney can help with this state-based right of publicity laws govern NIL rights, which can vary from state to state.

NIL Contracts

Many NIL deals involve licensing rights or exclusivity clauses. Some of this contract language can be ambiguous or difficult to understand and can lead to legal disputes down the line. Attorneys can help mitigate the risks associated with ambiguous contract language and review agreements for enforceability, IP clarity, and future commercialization opportunities.

Monitoring and Enforcement

As student-athletes grow their personal brands, it is important to limit unauthorized or infringing uses of their brands. Attorneys can provide assistance with the following enforcement actions:

What This Means for Clients & My Experience Working On Applicable Legal Issues

Through the Intellectual Property, Entertainment, and Entrprenurship Clinic led by Professor Michelle J. Miller and under her supervision as a practicing attorney, we have conducted trademark clearance research and registrations which can include athlete logos, slogans, nicknames, and brand names. It is important to create long-term brand strategies for post-collegiate athletic careers and an experienced attorney can help manage athletes’ IP portfolios.

Trademark attorneys are in a unique position to help athletes (and other public figures) protect their brand and identity assets. If you’re an athlete seeking to protect your brand, a school navigating NIL compliance, or a business interested in NIL partnerships, it’s essential to ensure your contracts, trademarks, and licensing strategies are compliant with the law and the rapidly changing regulatory landscape.

About Me

I am a current 3L at Chicago-Kent College of Law and a clinical student in the Chicago-Kent IP, Entertainment, and Entrepreneurship Clinic. As a former collegiate athlete, I am passionate about sports law and NIL rights for student-athletes. As I prepare to graduate law school and begin my legal career, I am looking forward to sharing my insights with future clients on legal developments in the entertainment and sports law space.

Kimberley Winder

Chicago-Kent IP, Entertainment, & Entrepreneurship Law Clinic

kwinder@kentlaw.iit.edu

Disclaimer: This document has been prepared by a clinical law student working under the supervision of Professor Miller (a licensed and practicing attorney) at Chicago Kent College of Law’s Intellectual Property, Entertainment, & Entrepreneurship Law Clinic. The information provided is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship has been formed. You should consult with Professor Miller or another licensed attorney for advice regarding your specific legal matter.