Beginning on July 1, 2021, the NCAA amended its bylaws to allow student-athletes to receive compensation in exchange for their Name, Image and Likeness (NIL) for the first time. College athletes across the country have since signed thousands of endorsement deals worth millions of dollars. One projection expects the college athletics NIL market to grow to $1 billion […]
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The Transfer Portal: Legal Considerations for Student-Athletes
With the spring semester nearing its conclusion, spring football is underway, and the NCAA men’s and women’s basketball tournaments have wrapped up. A common occurrence at this point in the semester is student-athletes entering the transfer portal. In the wake of changes in both NCAA and conference legislation requiring transferring student-athletes in some sports to spend a year in residence prior to returning to competition, the transfer portal has never been more popular, powerful, or impactful on intercollegiate athletics.
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Tax Implications of NIL for Student-Athletes
As tax season is looming, many student-athletes that have earned income for NIL activities over the past year will likely interact with the IRS for the first time. Student-athletes should be mindful that their income from NIL deals over the past year are now subject to applicable federal and state income taxes. For NIL deals […]
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College Athletes’ Brands and Possible Trademark Infringement
With college athletes able to profit off their name, image, and likeness (NIL), many have turned to creating and building their own brands. Building a brand can come with the use of a trade name and a personalized logo, specific to the student-athlete. Utilizing a brand name and logo can potentially expose a student-athlete to […]
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Square Peg in a Round Hole: The Challenge of College Athlete Unionization
With the 2022 NCAA Convention having concluded, sweeping legislation was considered and passed. The membership voted to approve a new constitution for the Association. The decentralizing move gives more rulemaking authority to individual NCAA divisions, schools and conferences. What we know for certain is that college athletics will look substantially different in a few years from now […]
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Alabama State Rep. Moves to Repeal NIL Law
Alabama Representative Kyle South—the lawmaker behind the state’s NIL bill—has moved to repeal the law granting student-athletes the opportunity to utilize their name, image and likeness for commercial gain. South, a University of Alabama graduate, has stated that his state’s NIL law is “more restrictive than what the NCAA adopted.” Unquestionably, South does not want […]
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NCAA Rules, State Laws, Institutional Policies and… FTC Guides? One More Consideration for Student-Athletes in the NIL Era
Since NCAA student-athletes have been able to sign name, image, and likeness (NIL) contracts, college athletes have entered into endorsement deals to promote various brands, products, and services. NIL deals have included contracts with car dealerships, restaurants, and clothing brands, to name a few. Since July 1st, 2021, student-athletes have submitted their NIL deals to on-campus compliance […]
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Legal Considerations of Hosting a Camp as a College Athlete
Since July 1st, 2021, NCAA student-athletes have been able to utilize their name, image, and likeness (NIL) and capitalize on their athletic ability by hosting camps and providing lessons. While the majority of college athlete NIL activity has included sponsored social media posting, camps and lessons are an excellent way for student-athletes to monetize their […]
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Why NCAA Athletes are not Allowed to Wear Sponsored Apparel in-Game but Professional Athletes (sometimes) Can
Since the beginning of the “NIL era,” NCAA student-athletes have had the opportunity to utilize their Name, Image, and Likeness (NIL) for commercial purposes while maintaining their NCAA eligibility. Much like professional athletes, college athletes have engaged in sponsored social media or “influencer” advertising, signing autographs, memorabilia sales, paid public appearances, and product endorsements. One important difference between the endorsement deals that NCAA student-athletes can sign and the ones […]
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