Client Alert: NCAA to Issue Interim Waivers to Allow Student Athletes to Profit From Their Name, Image and Likeness Print PDF

As an update to our alert on the Supreme Court’s decision in the NCAA v. Alston case, it appears that the NCAA will not implement any name, image and likeness (NIL) legislation in the near future, and instead will issue interim waivers against sanctions to schools that follow their home state’s NIL legislation.  

The NIL rules will be left to the individual states rather than having an NCAA-wide standard. The NCAA is expected to approve this change by June 30, one day prior to the July 1 effective date of NIL laws in six states. We had suggested in our original alert that this was a potential outcome because of the Alston decision and Justice Kavanaugh’s strong warning against the NCAA.  

To avoid additional potential additional antitrust lawsuits, the NCAA will issue these interim waivers, which will allow student athletes to profit from their name, image and likeness.

Pursuant to an internal NCAA document obtained by CBS Sports, schools will be required to post on their websites “written policy governing NIL,” which shall include a prohibition against payments from boosters “in exchange for athletic performance or attendance” at the schools.

Further, rules governing recruiting will “cease to be applicable” if they conflict with a state’s NIL law. This approach could give a recruiting advantage to schools in the states whose NIL legislation goes into effect quickly, as student athletes at these schools will have very few restrictions on their ability to monetize their name, image and likeness.

We will continue to monitor this situation and keep you apprised of updates. Feel free to reach out to us in the meantime with any questions.

This information is provided only for general reference. It does not constitute legal advice. Legal advice may be provided based only on specific facts. Please consult us before relying on any general information stated herein. We are happy to discuss any questions you may have regarding the items contained herein.