The Wild West of name, image, and likeness: College athletics series round-up
This 8-part series provides clarity as well as a framework for navigating name, image, and likeness laws within the new era of college athletics.
Part 1: The Wild West of name, image, and likeness: Be prepared when the dust settles – A series
Although fiercely competitive and incredibly popular (and lucrative) today, collegiate athletics comes from humble beginnings. Formalized participation in the first college athletic teams began with crew in the 1840s, baseball in the 1850s, football in the 1860s and track and field in the 1870s For nearly two-centuries, athletes who competed in collegiate sport were amateurs. On July 1, 2021, that all changed.
Part 2: Navigating the NIL landscape may have student-athletes in compliance overload
Part 2 in the series "The Wild West of name, image, and likeness: Be prepared when the dust settles" looks at the obligation of compliance with institution-specific policy, NCAA policy and NIL state laws in a new era which allows college athletes to earn money from their name, image and likeness.
Part 3: The Wild West of name, image, and likeness: NIL roll-out update
Part 3 in the series "The Wild West of name, image, and likeness: Be prepared when the dust settles" looks at the organized chaos that has followed the change in century-old NCAA guidelines that now allow student athletes to profit from their name, image, and likeness. Further complicating the situation is that various states have passed their own unique laws outlawing schools from prohibiting athletes from financially benefiting from NIL, outside of school activities.
Part 4 in the series "The Wild West of name, image, and likeness." The NCAA's decision a year ago to allow student-athletes throughout the country to profit from their name, image, and likeness, proved to be just the tip of the iceberg. A handful of lawsuits are slowly making their way through the courts with potential to further alter the landscape of collegiate athletics – and employment law.
Part 5: The Wild West of name, image, and likeness: Pending settlement will allow schools to pay players
Another domino has fallen in the continued evolution of the business of college sports. The NCAA and its Power Five conferences have agreed to allow member schools to pay players directly for the first time in college sports history.
The NCAA and its power conferences recently agreed in principle to allow each school to share up to $20.5 million in direct payments to its athletes via name, image and likeness deals as one of the terms of a pending antitrust settlement. However, last week, the U.S. Department of Education, Office for Civil Rights (the Department) published a “fact-sheet” memorandum which throws a wrench into those plans.
President Donald Trump's administration rescinded Title IX guidance put forth by former President Joe Biden that would have resulted in significant changes to Name, Image, and Likeness (“NIL”) in college athletics, the Department of Education announced on February 12, 2025.
With the formal approval of the House v. NCAA settlement on June 7, 2025, schools are now legally allowed to pay their athletes directly – marking a seismic shift in how amateur athletics is governed, funded, and regulated.
For now, schools must prepare for scrutiny, athletes must act fast to stay compliant, and everyone involved should keep counsel close. McDonald Hopkins continues to monitor these developments closely. For legal counsel regarding compliance, NIL structure, or education law implications, contact author of "The Wild West of Name, Image, and Likeness," McDonald Hopkins' Mitchell Capp.
