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Name, image, and likeness (NIL) rights

This is an excerpt from Introduction to Sport Law With Case Studies in Sport Law-3rd Edition by John O. Spengler,Paul M. Anderson,Daniel P. Connaughton & Thomas A. Baker III.

Perhaps in response to these decisions and the inability of college student-athletes to assert a right of publicity, in September 2019 California enacted the Fair Pay to Play Act, allowing college athletes to seek compensation for the use of their name, image, and likeness rights (SB 206). Since that time, 27 states have passed similar NIL legislation, and the governors in Kentucky and Ohio signed executive orders enacting NIL rights for student-athletes. As of July 2021, 12 other states have proposed NIL bills, and 9 states have not considered the issue yet (see table 9.2 for a list of all bills by state). The main feature of most of these laws is that they permit college athletes in these states to receive compensation for the use of their name, image, and likenesses but do not allow these athletes to receive any non-NIL-related compensation.

Table 9.2 State Name, Image, and Likeness Laws as of July 2021