Name, Image, and Likeness from a Legal Perspective

Abstract

The scope of the National Collegiate Athletic Association (NCAA), an organization with historically high autonomy, now faces a dilemma of acting as either an authoritative unit or allowing athletes and universities to be at the center of legal control. Though a plethora of reasons contribute to this change and indecision, the main topic spearheading controversy within the association is Name, Image, and Likeness (NIL). The issues regarding NIL are prevalent in many areas of the NCAA. However, one area often overlooked yet of utmost importance is the correlation between NIL and the law. It is important to understand that there is great indecision within the NCAA because of the lack of sufficient regulation, as well as the current laws addressing NIL which vary nation-wide, state-wide, university-wide, and within the NCAA. Throughout this research paper, the effects of NIL are observed through a comprehensive legal lens exploring the legal impact NIL has on universities, athletes, and legal practices across America.