Name, Image, and Likeness (Whether You Like It or Not)

It was clear when the Supreme Court decided on National Collegiate Athletic Association v. Shawne Alston, Et Al. in the summer of 2021 that the landscape of college athletics would be altered forever. What was not clear at the time, however, was all the various ways that athletes, universities, boosters, and fans of college sports would begin to take advantage of college athletes’ newfound ability to profit off of their name, image, and likeness (“NIL”) that came out of the decision. The first year of the post-Alston / NIL era of college athletics was both affectionately and disapprovingly called the “wild west” as NIL deals flourished with little oversite from the National Collegiate Athletic Association (“NCAA”). This presentation will provide a brief background of Alston, an overview of some of the basic issues facing athletes and third-parties in NIL deals, and the rise of NIL collective.

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