Name, Image and Likeness: Giving College Athletes the Clearest Guidance to Best Profit off Their NIL

Authors

• Scott Semaya, Benjamin N. Cardozo School of Law

Abstract

The note argues that the Supreme Court's decision in NCAA v. Alston has created a legal and regulatory void by invalidating the NCAA's restrictions on student-athletes' ability to profit from their name, image, and likeness (NIL). While the ruling opened the door for student-athletes to earn compensation, it left unresolved questions about the scope and enforcement of NIL rights. The lack of federal legislation has led to a patchwork of state laws, causing confusion and inequities for student-athletes, schools, and the NCAA. The note advocates for immediate federal intervention to establish uniform guidelines and level the playing field, while also leveraging the NCAA's resources to implement these changes.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law

Recommended Citation

Scott Semaya, Name, Image and Likeness: Giving College Athletes the Clearest Guidance to Best Profit off Their NIL, 41 Cardozo Arts & Ent. L.J. 659 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol41/iss2/12