In Licensing Journal, Attorneys Examine NCAA Student Athlete “Right of Publicity” Policy

A Licensing Journal article examines a proposal by the National Collegiate Athletic Association Board of Governors that would allow student-athletes to financially benefit from the use of their names, images and likenesses —known as the “right of publicity” —through engagements with sponsors otherwise unaffiliated with the student-athletes college and university.

The authors note that as the details are being con­sidered—and in the absence of national legislation, a Supreme Court ruling, or final rules from the NCAA—colleges and universi­ties should prepare for increased compliance requirements, develop reasonable policies and procedures for monitoring their student-athletes’ adherence to these prohibitions, and be pre­pared for all possible scenarios.

The article was authored by litigation & enforcement partner and head of Ropes & Gray’s sports industry group Chris Conniff, IP litigation counsel Evan Gourvitz (both of New York), and asset management and sports practice associate Chidi Oteh (Boston).