New Federal College Athlete Name, Image, and Likeness Bill Would Prohibit Limits on the Ability to Enter into Endorsement Deals
In addition to a new round of state-level college athlete name, image, and likeness (NIL) bills that are currently being introduced, a new federal NIL bill co-authored by Senator Chris Murphy and Representative Lori Trahan was introduced last week.
Unlike the other federal and state bills that have either been passed or introduced, the new bill expressly prohibits the NCAA, conferences, and schools from taking any actions that limit the ability of current and prospective college athletes to make money off their NILs. As a result, the bill also prohibits those same parties from restricting college athletes’ ability to enter into group licensing arrangements. This would allow athletes to enter deals that would allow their NILs to be used in products such as video games, jerseys, other memorabilia, and potentially media rights.
The bill is a reaction to the NCAA’s proposed NIL rules which place limits on the types of endorsement deals athletes would be allowed to enter into. For example, under the NCAA’s proposed rules, athletes would not be allowed to enter deals that conflict with a deal their school or team has entered into.
To allow for enforcement of its provisions, the bill creates a private right of action for current and prospective college athletes and also states that any violation of the bill is an antitrust violation.
More About Kennyhertz Perry’s Collegiate Sports Practice Group
The need for an attorney experienced in collegiate athletics has never been higher. From assistance with compliance, eligibility, scholarship, and transfer issues, to advice and representation relating to the newly emerging name, image, and likeness laws and legislation, universities, conferences, coaches, and college athletes often need an attorney to advocate on their behalf and to assist and advise on these types of issues.
The team at Kennyhertz Perry is uniquely suited to guide universities and college athletes through all of these types of issues with respect to the multitude of rules and laws set forth by the National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), and the National Federation of High School Athletic Associations (NFHSAA).
The attorneys at Kennyhertz Perry all have years of experience advocating for clients in high stakes matters and advising them on related issues. In addition, and most importantly, attorney Mit Winter is a former Division I scholarship basketball player with extensive experience working on collegiate athletics legal matters. Mit has first-hand experience in understanding the pressures and demands faced by college athletes both on and off the field, and has represented a number of sports-related clients in his practice, including the Big 12 Conference, Conference USA, and the NCAA.
Mit is widely regarded as an expert in collegiate sports law and frequently writes on these legal issues. He is also the founder and chairman of the Kansas City Metropolitan Bar Association’s Sports and Entertainment Law Committee and serves as a Regional Captain in the states of Kansas and Missouri for the Sports Lawyers Association’s (“SLA”) Outreach Committee.
Kennyhertz Perry’s college sports practice provides representation to those who are seeking an attorney with expertise to advise them on the myriad legal and compliance concerns prevalent in college athletics today. To learn more about the firm, visit kennyhertzperry.com.
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