Name, Image & Likeness (NIL) FAQs

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Yes. College athletes can receive compensation for qualifying uses of their name, image, and likeness, subject to applicable laws, NCAA rules, institutional requirements, and the terms of their agreements.

The current rules distinguish legitimate NIL activity from prohibited compensation for athletic participation or achievement.

The landscape changed significantly following approval of the House v. NCAA settlement. Under the resulting Division I framework, participating institutions may provide certain direct financial benefits to student-athletes, including arrangements involving NIL rights.

The rules governing institutional payments and traditional third-party NIL arrangements are not necessarily identical, making it important to understand what type of compensation is involved.  

The athlete may have legal options depending on the agreement and circumstances.

An attorney can review the contract, payment history, communications, performance obligations, termination provisions, and other evidence to determine whether the failure to pay may constitute a breach or support another claim.

Promises concerning NIL compensation can raise complicated legal questions.

Whether an athlete has a viable claim depends on what was represented, who made the representation, whether an agreement existed, whether the athlete relied on the promise, and the applicable law.

Preserve texts, emails, contracts, direct messages, and other communications concerning the promise.

The answer can depend on the applicable law, the nature of the agreement, NCAA requirements, and the circumstances. Written agreements are particularly important because they provide evidence of compensation, deliverables, duration, termination rights, and other obligations.

Do not assume that the absence of a signed contract means there are no potential legal rights.

Depending on applicable state law and the circumstances, communications, conduct, reliance, payment history, and other evidence may be relevant to determining whether an enforceable obligation or another legal claim exists.

Potentially. NCAA rules include reporting and compliance requirements for certain NIL activities, particularly in Division I. Athletes should consider eligibility and compliance implications when addressing a disputed NIL agreement.

Yes. Communications concerning negotiations, compensation, promises, deliverables, recruiting, transfers, and payments can become important evidence in an NIL dispute.

Students should preserve relevant contracts, emails, text messages, direct messages, payment records, and other documentation.

Yes. The Law Offices of Schwartz & Arminavage handles NIL matters involving college athletes across the country and can work with local counsel when necessary.