Background

The first domino fell in late 2019 when Governor Newsom signed The Fair Pay to Play Act into law.[1]  This was the first statute allowing collegiate student-athletes to profit off their name, image, and likeness (NIL).  Specifically, the statute bars universities, athletic conferences and the NCAA from preventing student-athletes in California from profiting off their NIL.  Despite the NCAA’s vigorous opposition initially, close to 30 states have since enacted similar legislation or have otherwise legalized NIL deals in their own states.[2]  Moreover, last year’s unanimous Supreme Court ruling in NCAA v. Alston may not have reached the issue of NIL, but it did chip away at the NCAA’s ability to regulate student-athlete compensation.[3]  Sensing the inevitably of its waning grip over its NIL policies, the NCAA then committed to a dramatic policy shift within days of the Alston ruling by permitting all student-athletes to begin profiting off their NIL as of July 1, 2021.[4] Even if a state has not yet passed NIL legislation, the NCAA policy change applies nationwide and now brands can partner with student-athletes in every state.Continue Reading What Brands Can Expect from College Sports’ Ever Evolving NIL Landscape