The Constantly Evolving Landscape Of Student-Athlete NIL Contracting

In response to the United States Supreme Court's decision in National Collegiate Athletic Association v. Alston, ¹ as well as, impending state laws taking on its policies, on June 30, 2021, the National Collegiate Athletic Association (NCAA) announced that it was ending its long-standing policy of preventing student-athletes from profiting from their name, image, and likeness (NIL). In its place, the NCAA adopted an interim policy permitting students to “engage in NIL activities that are consistent with the law of the state where the school is located.” ² While the NCAA committed to “continue to work with Congress to adopt federal legislation to support student-athletes,” no legislation addressing student-athlete NIL activities has passed—and the “interim” policy remains in effect (with periodic clarifications by the NCAA).