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ARTICLE · 18 JANUARY 2023

New NIL Laws Effective January 1, 2023

Duane Morris LLP
Duane Morris LLP
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In 2022, we saw the value of NIL deals grow to higher-than-ever levels, while states, the federal government, and the NCAA continued to work out new guidance and potential new laws...

United StatesMedia, Telecoms, IT, Entertainment
Drew Dorner
Drew Dorner
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In 2022, we saw the value of NIL deals grow to higher-than-ever levels, while states, the federal government, and the NCAA continued to work out new guidance and potential new laws to govern the publicity rights of student-athletes.

Some of those laws went into effect as of January 1, 2023. States with new NIL laws include: Colorado, Delaware, Michigan (effective December 31, 2022), and New York. Other states, like Montana, Nebraska, and Oklahoma are expected to see new NIL laws go into effect later in 2023.

Colorado's law enshrines student-athletes' rights to remuneration for use of their NIL, but still appears to permit the NCAA to regulate student-athletes' exploitation of their NIL rights. Colorado colleges may not impose any other limitations on NIL rights beyond those from the NCAA.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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