It's about Time: An Analysis of Name, Image, and Likeness Legislation in the United States
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IT'S ABOUT TIME: AN ANALYSIS OF NAME, IMAGE, AND
LIKENESS LEGISLATION IN THE UNITED STATES
I. INTRODUCTION
On June 21, 2021, the Supreme Court in National Collegiate Ath-
letic Association v. Alston' ruled on an antitrust lawsuit past and pre-
sent student-athletes filed against the National Collegiate Athletic
Association (NCAA).2 The plaintiffs alleged that the NCAA's re-
striction on student-athlete compensation violated the Sherman An-
titrust Act.3 Ultimately, the Court ruled that the NCAA violated the
Sherman Act by having unnecessary restrictions, leaving student-
athletes with nowhere else to sell their labor.4 This case is one of
the many name, image, and likeness lawsuits that student-athletes
have filed against the NCAA.5 After Alston, the NCAA finally caved
to the significant pressure of the courts and student-athletes to
make their policy more favorable for athletes.6
Student-athletes have fought for this right for a long time.7
Name, image, and likeness (NIL) rules allow students to make
money off their likeness.a This allows student-athletes to partner
with brands and form deals similar to those that professional ath-
1. NCAA v. Alston, 141 S. Ct. 2141 (2021).
2. See id. at 2151 (holding NCAA violated Sherman Antitrust Act).
3. See id. at 2147 (The plaintiffs before us brought this lawsuit alleging that
the National Collegiate Athletic Association (NCAA) and certain of its member
institutions violated this policy by agreeing to restrict the compensation colleges
and universities may offer the student-athletes who play for their teams.).
4. See id. at 2156 (holding NCAA had monopoly over student-athletes).
5. See generally O'Bannon v. NCAA, 802 F.3d 1049, 1055 (9th Cir. 2015) (pro-
viding example of former student-athlete suing NCAA for lack of payment).
6. See Michelle Brutlag Hosick, NCAA Adopts Interim Name, Image and Likeness
Policy, NCAA (June 30, 2021), https://www.ncaa.org/news/2021/6/30/ncaa-
adopts-interim-name-image-and-likeness-policy.aspx [https://perma.cc/N3FF-
XXSG] (discussing NCAA's policy change in June following Supreme Court
decision).
7. See generally Steve Eder, N.C.A.A. to Quit Selling Memorabilia Online, N.Y.
TIMES (Aug. 8, 2013), https://www.nytimes.com/2013/08/09/sports/ncaa-to-quit-
selling-memorabilia-online.html?searchResultPosition=23 [https://perma.cc/
L2BL-TZTV] (highlighting how NCAA stopped selling student-athlete
memorabilia after public outcry over O'Bannon v. NCAA).
8. See James Parks, What Is NIL In College Football? Here's What You Need To
Know, FANNATION (Dec. 6, 2022), https://www.si.com/fannation/college/cfb-hq/
ncaa-football/college-football-nil-rule-changes-what-you-need-to-know [https://
perma.cc/7KUM-5PQX] (providing brief explanation of NIL and how it works in
college football).
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It's about Time: An Analysis of Name, Image, and Likeness Legislation in the United States
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