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Last year’s college football offseason drama came to a head with coaches levying allegations that impermissible name, image, and likeness (“NIL”) payments were made to prospective student athletes to persuade them to attend a certain university. The latest NIL saga is similar, but with a twist.

On October 26, 2022, the National Collegiate Athletic Association (“NCAA”) issued new guidance (“the October guidance”) to its Division I member schools regarding the name, image, and likeness (“NIL”) rules’ applicability to institutions and current student athletes. The October guidance clarifies a few areas of refuge for institutions, while also highlighting how institutional involvement with NIL entities — colloquially known as “Collectives” — could violate preexisting NCAA bylaws.

As we approach the one-year anniversary of the National Collegiate Athletic Association’s (“NCAA’s) interim guidance on name, image, and likeness (“NIL”), colleges and universities are starting to debut a new position: the Director of NIL Engagement.

On May 9, 2022, the National Collegiate Athletic Association (“NCAA”) issued new guidelines to its Division I member schools on name, image, and likeness (“NIL”).

For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”).