March 3, 2025 | Florida Personal Injury Lawyer
The world of college athletics has experienced a seismic shift with the introduction of Name,
Image, and Likeness (NIL) deals, empowering student-athletes to profit from their personal brands and control the commercial use of their identities. These arrangements can encompass
endorsements, social media promotions, paid appearances, autographs, and partnerships. For
athletes with a substantial fan base, NIL deals can be transformative, offering lucrative
opportunities previously unavailable. Just a few years ago, a student-athlete could face penalties for accepting a free meal; today, they are negotiating six-figure contracts while promoting sandwich brands on social media.
Historically, the National College Athletic Association (NCAA) prohibited student-athletes from
profiting from their names, directing all generated revenue to the institutions and leagues. Proponents of amateurism argue that paying college athletes undermines the sanctity of sport.
However, the robust support for NIL deals, driven by the unprecedented profits in modern college athletics, has largely overshadowed these concerns.
Over time, laws governing compensation for college athletes have evolved both legislatively and
through court decisions. In O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d 1049 (9th
Cir. 2015), cash payments to student-athletes were prohibited. The court recognized the
implications of antitrust laws, such as the Sherman Act, and expressed concerns about the eventual outcome of paid college athletes, stating:
“The difference between offering student-athletes education-related compensation and offering them cash sums untethered to education expenses is not minor; it is a quantum leap. Once that line is crossed, we see no basis for returning to a rule of amateurism and … we have little doubt that plaintiffs will continue … until they have captured the full value of their NIL. At that point the NCAA will have surrendered its amateurism principles entirely and transition … to minor league status.”
O’Bannon, 802 F.3d at 1078 -79.
Following the O’Bannon decision, several challenges to the ban on payments to college athletes
emerged, primarily citing antitrust violations. One landmark ruling came on June 21, 2021, in
National Collegiate Athletic Ass’n v. Alston, 141 S. Ct. 2141, 594 U.S. 69 (2021). In Alston, the
Supreme Court held that the NCAA was not above the antitrust requirements acknowledging that in essence, college sports involved “horizontal price fixing in a market where the [NCAA] exercise monopoly control.” Alston, 594 U.S. at 86. After the Alston decision, the NCAA adopted an interim name, image, and likeness policy less than ten days later. The new policy completely suspended previous rules, paving the way for college students to gain financial control over their own brands. While offering guidance and a framework, the policy defers regulation to the individual states. As a result, differing state rules governing NIL deals and the adage that ‘variation leads to inconsistency’ proves itself true. California was the first to shoot, passing the Fair Pay to Play Act, which was transformative for wealth redistribution within college sports. Since then, over 37 states have adopted their own NIL laws and policies, with Florida standing out in several ways.
Florida Statute §1006.74 safeguards student athletes from infringement on their ability to profit from the use of their name, image, or likeness by prohibiting unauthorized appropriation and requiring student-athletes to have equal opportunity over their own NIL deals. Until recently, Florida’s NIL law prohibited colleges and their support organizations (e.g., boosters) from initiating compensation for student-athletes. However, growing competition from other states
pushed Florida’s legislature to act quickly, bringing about significant changes to the law. Florida’s House Bill 7B, effective February 16, 2023, removed restrictions for the institutions and their supporters organizations, from actively securing NIL opportunities. The update also shields
coaches and staff from liability for their routine decision making, despite any impact that may have on a student’s NIL earnings.
Eager to keep pace with evolving policies, the Florida State Board of Education has adopted its own regulations on NIL (Name, Image, Likeness) deals for high school students through the Florida High School Athletic Association (FHSAA) Bylaw 9.9. This bylaw aims to initiate local participation in NIL agreements while enforcing strict prohibitions on involvement with categories traditionally considered harmful or controversial. These categories include adult entertainment products, intoxicants (e.g., vaping, cannabis, prescription drugs), gaming (e.g., gambling, video games, mobile devices), weapons, social or political activism, NIL collectives, and the use of school logos. Penalties escalate with repeated violations, starting with a written warning and culminating in a third strike that permanently bars the student from participating in high school sports. The new FHSAA rules even direct the responsibility to athletes and parents on ensuring NCAA eligibility, recommending they seek legal counsel.
Currently, the NCAA is trying to get ahold of NIL deals themselves, having recently reached a settlement allowing for payment of 2.78 billion dollars for back damages and future benefits, but limited to those playing in Division I. Student-athletes and their parents should follow the lead of institutions by adapting to the evolving NIL landscape. By preparing early, those chasing NIL deals can amplify their chances despite the ever-intensifying competition over them. Outside of harder training, here are some strategies to gain an edge:
Be visible
When it comes to NIL deals in today’s market, visibility equals value. Athletes aren’t
just competing for on the field – they’re competing for followers. Brands are looking to team with
partners who have active engagement on social media. Whether on Instagram, TikTok, YouTube,
or Twitter, student-athletes will benefit from a growing follower count and fostering meaningful
interactions with their audience.
Be consistent and be authentic
Just like with training, consistency is key. Regularly posting
content that resonates with your fans and aligns with your values, it will help you build a loyal
following. Whether it’s behind-the-scenes glimpses into daily life, training routines, or personal
interests outside of sports, these posts humanize athletes, make them more relatable and more
attractive to potential sponsors. Authenticity matters. Fans and brands alike are drawn to athletes who are true to themselves and their communities. Who ever thought ‘scrolling through Instagram’ would become a part of training?
Be creative
Using your unique circumstances and an alternative approach, you may discover a
path not yet forged in obtaining an NIL deal. Because NIL deals are relatively new, they’re new
to most everyone else and being innovative can help set you apart. Try taking an alternative path, like engaging smaller or local brands, and you may find the best fit. Baby steps are still moving.
Lastly, and perhaps most importantly, there is the need to recognize when to seek professional
guidance, especially when navigating the legal, personal, financial, and tax complexities of NIL
deals. Securing experienced counsel before negotiating or signing an NIL deal is critical to achieving the best outcome. There are key considerations, including the length of the contract, use of athlete’s name, image, or likeness, and various types of clauses that may impact future
opportunities. Understanding these details helps the athletes maintain control over their brand. This is where the benefit of having an NIL lawyer comes in.
In the rapidly evolving world of NIL, success hinges on preparation, adaptability, and the right
support. By understanding the landscape and securing knowledgeable guidance, student-athletes can confidently navigate this new environment. With insights into existing laws and emerging trends, they can maximize their potential both on and off the field.
Contact Our Personal Injury Law Firm in Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers at Graves Thomas Rotunda Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-1966
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 569-8155
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 677-0373
