The Bottom Line Recent moves by the NCAA signal a more aggressive approach to NIL rules enforcement.The change in bylaws dramatically increases the likelihood of the NCAA finding violations.Institutions, marketers and student-athletes need to remain vigilant and disciplined about structuring NIL Continue Reading
NCAA Takes Aim At Booster-backed “Collectives” and Their NIL Deals
The Bottom Line The rise of NIL collectives has dramatically reshaped the college recruiting landscape. The NCAA’s revised booster guidance is aimed at limiting the power and influence of NIL collectives and could very well lead to renewed litigation. Marketers and sponsors considering Continue Reading
NCAA Adopts New Constitution and Pursues NIL Violations
The Bottom Line The NCAA’s revised constitution pushes governing authority down to its divisions, conferences and schools. The NCAA’s definition of amateurism has been simplified but leaves unresolved questions for student-athletes and sponsors. Team-wide NIL are the initial target of Continue Reading
July 1st Marks First Day of School for Student-Athletes Seeking to Exploit NIL Rights
The Bottom Line As a new era of collegiate sports marketing begins, sponsors and student athletes will need to navigate a patchwork of state, college and conference rules to ensure compliance with eligibility requirements.For those that do, the exploitation of NIL rights by collegiate athletes Continue Reading
Regulators and Businesses Are Racing to Fill the Collegiate NIL Void
The Bottom Line As the NCAA and states continue to assert their own jurisdiction over the exploitation of NIL rights by collegiate athletes, three starkly different visions of appropriate federal regulation are making their way through Congress. Amidst this uncertainty, businesses in the sports Continue Reading
Score! College Athletes Will Soon Cash in on Their Name, Image and Likeness
7th Edition: Trends in Marketing Communications Law 2019 witnessed a landmark change in one of the most controversial matters plaguing college sports: the National Collegiate Athletic Association (NCAA) rule prohibiting student-athletes from accepting compensation for the use of their name, image Continue Reading
Is Change Finally Bruin’ or is it a Trojan Horse? NCAA Takes Action on Name, Image and Likeness Rights
The Bottom Line The NCAA recommendations to permit student-athletes to earn compensation for the use of their name, image and likeness rights should be viewed as a tentative step forward in the long-running battle over student-athlete rights. Yet, a closer examination reveals significant Continue Reading
Commercial Production Changes in Light of COVID-19
The Bottom Line As we continue to move forward, and hopefully see a light at the end of the tunnel, we may come full circle to a situation where a “standard” contractual approach to events beyond a party’s control, where a pandemic-related circumstance may or may not qualify, is the default and the Continue Reading
COVID-19: A Guide to Analyzing Risks for Marketers and Agencies
The Bottom Line In this rapidly evolving and fluid situation caused by the COVID-19 pandemic, all parties at the table should keep in mind the following high level considerations when assessing their individual situation and how to proceed:Consider how risk for all parties can be mitigated by Continue Reading
California Clears the Way for College Athletes to Get Their “Fair” Share of Licensing Pie
The Bottom Line The Fair Pay to Play Act is the latest effort in an ongoing battle to reform collegiate athletics. It threatens to upend the NCAA’s efforts to preserve the ideals of amateurism by allowing student athletes to profit from their own name, image and likeness rights. Many argue that Continue Reading