Page 5 - NovemberDecember24 Report

Navigating
the Intersection of
NIL & Law
By Jabari A. Shaw
On July 1, 2021, the National Collegiate Athletic Asso-
ciation (NCAA) implemented a landmark rule change
allowing college athletes to profit from their Name,
Image, and Likeness (NIL). This rule change marked a significant
departure from the NCAA’s long-standing prohibition
against student-athletes receiving compensation
beyond scholarships and stipends. Driven
by mounting legal and public pressure—
including state legislation that threatened
to undermine the NCAA’s authority
and a series of high-profile lawsuits
7.7% 7.7%
Baseball Baseball
challenging the organization’s restric-
tions on athlete compensation—this
7.7% 7.7%
decision has spurred the growth of a
Women’s Women’s
new industry where student-athletes,
Basketball Basketball
brands, and universities are capital-
izing on remarkable opportunities for
financial gain, brand development, and
enhanced engagement within the sports
ecosystem.
Now in its third year, the collegiate
athletics “NIL Era” has brought both oppor-
tunities and challenges as stakeholders
navigate a complex and fragmented regu-
latory environment. Varying state laws,
7.7% 7.7%
Softball Softball
37.2% 37.2%
Football Football
15.4% 15.4%
Men’s Men’s
Basketball Basketball
DISCLOSED NIL AGREEMENTS
Source: https://www.si.com/fannation/name-image-likeness/nil-news/
shocking-new-ncaa-data-reveals-numbers-for-average-nil-deals
university and college-specific rules, and NCAA policies make
up an ever-evolving NIL legal landscape. This patchwork of
regulations creates significant uncertainty for student-athletes,
institutions, and brands alike, as they must continuously adapt
to differing and sometimes conflicting requirements.
The lack of a unified federal standard further
complicates compliance efforts, prompting
ongoing calls for comprehensive federal
legislation to harmonize NIL regulations
across the country. With new opportu-
nities and challenges emerging daily, it
is no surprise that legal professionals
are increasingly being called upon
to provide guidance to stakeholders
navigating this developing landscape.
One of the primary legal consid-
erations in the NIL context is the
interplay between state laws and
institutional policies. Here in Ohio,
Executive Order 2021-10D (the “Order”),
which was signed by Governor Mike
DeWine on July 1, 2021, established the
state’s NIL law. This Order aims to ensure
that Ohio’s student-athletes can benefit
from NIL opportunities while maintaining
THE REPORT | November/December 2024 | CincyBar.org 5