College Sports NIL in Ohio: A Legal Primer
The landscape of the NCAA athletics changed dramatically in July of 2021 when the NCAA enacted rules that allow college athletes to profit from their names, images, and likeness. Overnight select college athletes were able to sign endorsement deals for products and services, and reap financial rewards. The largest deal reported to date includes a football recruit from the Class of 2023 who is reported to have an NIL deal in place that will pay him up to $8M over four years. This session will provide an overview of College Sports NIL law and regulation in Ohio, and offer some key considerations for student-athletes, universities, and companies. KMK attorneys Nick Simon and Michael Goldman will:
- Review "Name, Image, and Likeness" rights and the legal background of the "right of publicity".
- Outline prior NCAA regulations regarding NIL rights, and how that has changed over the past year.
- Explain the Ohio Executive Order that permitted NIL for college athletes in Ohio and provide a summary of the policies adopted by major colleges and universities in Ohio.
- Discuss the Alston Supreme Court case and why the NCAA may not robustly enforce its NIL guidance.
The course will also briefly explain how NIL or image rights are generally handled in professional sports. Finally, the course will discuss the current tension between the NCAA guidance regarding NIL rights, what schools/boosters want from NIL rights, and how this may create challenging contractual disputes between athletes, boosters, corporate partners, and schools.
For more information or to register please contact Sarah Schmidt at sschmidt@kmklaw.com.
