What Is NIL? Understanding Name, Image, and Likeness Rights

by Nathan Ford, Esq

4/15/2025

In recent years, the concept of Name, Image, and Likeness (NIL) has transformed the legal and commercial landscape for student-athletes, colleges, brands, and legal professionals alike. NIL refers to an individual’s legal right to control and profit from the commercial use of their personal identity—specifically their name, image, and likeness.

This right has long existed under the umbrella of right of publicity laws, but until recently, student-athletes governed by the NCAA were restricted from monetizing their NIL while maintaining amateur status. That changed in July 2021, when the NCAA enacted an interim policy allowing athletes to profit from NIL opportunities without jeopardizing their eligibility.

What Does NIL Mean for Student-Athletes?

NIL rights give student-athletes the ability to:

• Sign endorsement deals with brands and businesses

• Monetize their social media presence

• Get paid for autographs, appearances, or camps

• Enter into licensing agreements for merchandise and more

These deals can range from local sponsorships to national campaigns and have opened new financial pathways for thousands of athletes at the high school and college levels.

Legal Considerations and Services

With this new era comes increased complexity. Navigating NIL deals requires attention to several legal factors, including:

• Contract review and negotiation: Ensuring terms are fair, enforceable, and compliant with NCAA rules and applicable state laws

• Intellectual property protection: Helping athletes secure and manage trademarks related to their personal brand

• Business formation and tax planning: Advising athletes on setting up LLCs or corporations to manage NIL income

• Compliance guidance: Staying within the bounds of state NIL statutes, school policies, and NCAA guidelines

• Dispute resolution: Handling breaches of NIL agreements or representation issues

How a Law Firm Can Help

At Nathan Ford Law, we help athletes, families, and institutions navigate the legal intricacies of NIL rights. Whether you are an athlete seeking to protect your brand, a company interested in NIL partnerships, or a school developing NIL policies, our team provides strategic legal support tailored to this emerging field.

Our services include NIL contract drafting and negotiation, brand protection, business entity formation, and ongoing compliance counsel. We are dedicated to empowering our clients with the knowledge and tools to thrive in the NIL era.