Name, Image, and Likeness (“NIL”) within the realm of collegiate sports continues to be a hot topic. I wrote my first blog post discussing this subject on October 16, 2023. (点击 在这里 阅读). Since then, several events have occurred sparking a need for another update. For example, EA Sports, a video game developer, brought back its popular college football video game. The company discontinued it in 2013 due to challenges by former players against the company’s use of the players’ likeness.[1] 现在，在这个新的NIL时代，EA Sports正在复兴这款曾经流行的游戏. 以前, I warned that student-athletes and their parents should stay vigilant by remaining up to date on the applicable laws and policies surrounding NIL. If you have not heeded that advice, then you may have missed some notable updates.
法律更新
- 弗吉尼亚对NCAA的诉讼
今年一月, Virginia’s Attorney General and Tennessee’s Attorney General filed a lawsuit against the NCAA, 挑战他们对某些零排放政策的限制.[2] 具体地说, they contend that the NCAA’s policy that prevents prospective and transfer student athletes from engaging in certain NIL interactions before enrollment violates federal antitrust laws. 双方当事人请求，法院批准了初步禁令. 因此, 与此同时, schools and NIL collectives can discuss various 机会 with prospective students.
- 维吉尼亚州修订了零排放法
Virginia’s General Assembly was rather busy this past legislative session. Out of over 1,000 legislative bills considered, roughly half were approved. 其中一项法案涉及对弗吉尼亚州的修正案. 法典第23条.1-408.弗吉尼亚州的零排放法规，于2024年7月1日生效. 规约在有关部分规定:
"C. 无体育协会, 运动会上, or other organization with authority over intercollegiate athletics shall:
- Prohibit or prevent an institution from becoming a member of the association, 会议, or organization or participating in intercollegiate athletics sponsored by such association, 会议, or organization as a consequence of any student-athlete earning compensation for the use of his name, 图像, 或相似 or obtaining representation by an athlete agent or attorney in connection with issues related to name, 图像, 或相似;
- 受理投诉, 展开调查, 或对机构采取任何其他不利行动, 它的支持基础, 或代表其行事的实体, 本节准许的活动;
- Penalize an institution or a student-athlete or prevent an institution or a student-athlete from participating in intercollegiate athletics because an individual or entity whose purpose includes 支持 or benefiting the institution or student-athletes violates its rules or regulations concerning name, 图像, 或相似;
- 阻止一个机构 from compensating a student-athlete for the use of his name, 图像, 或相似; or
- 阻止一个机构, 它的支持基础, 或代表其行事的实体无法识别, 创建, 谈判, 促进, 支持, 与, 协助, 或者启用一个名称, 图像, 或者是学生运动员的肖像机会.
D. Each institution shall develop and submit to the institution’s governing board or similar governing body for approval institutional policies or procedures that govern the compensation of a student-athlete for the use of his name, 图像, 或相似. Such institutional policies or procedures shall not inhibit a student-athlete from participating in activities that are not related to intercollegiate athletics, as long as participation in such activities has no impact on the student-athlete’s eligibility for intercollegiate athletics. Each institution may enforce such approved policies or procedures and the provisions of this section. No student fees shall be used to compensate student-athletes for the use of their name, 图像, 或相似.
E. 机构可以提供资产, 澳门十大正规网赌网址, 或者作为个人激励的福利, 公司, 或其他实体提供资金, 好处, 机会, 或十大正规网赌网址到支持名称的外部实体, 图像, 或者为学校的学生运动员提供相似的机会."
Va. 法典第23条.1-408.1. 这个更新很重要. Colleges and universities in Virginia can now directly compensate their student-athletes through NIL deals. It also prohibits the NCAA from punishing a school for compensating athletes for the NIL rights. Although the law became effective in July, it was approved by the Governor in April. 值得注意的是, 同月, the NCAA’s DI Council approved a proposal that loosened some of its NIL restrictions but highlighted that “the existing prohibitions against pay-for-play and schools compensating student-athletes for use of their NIL remain in place.”[3]
对弗吉尼亚大学学生运动员的考虑
Virginia is leading the charge when it comes to enhancing the rights of student-athletes benefiting from their NIL. 这些权利很有价值. 由于这种不断增长和发展的法律环境, it may prove beneficial for student-athletes to seek an attorney to assist with understanding their legal rights behind proposed NIL deals; 谈判 and drafting NIL agreements, 及其他涉及零净值的范畴.
钻石摆架子 是一个澳门十大正规网赌网址 & 科沃德律师专注于民事诉讼, 当地政府, 土地征用权/通行权及海旁法律事宜.
[1] EA Sports' College Football 25 video game arrives after a decade to NIL rules and an enthused fan base (nbcnews.com)
[2] January 31, 2024 - Attorney General Miyares Sues NCAA Over NIL Restrictions (state.va.us)
[3] DI Council approves NIL reforms, permits school assistance with NIL activity - NCAA.org