Page Number
63
Abstract
Sports are a cornerstone of American entertainment, with football, basketball, and baseball traditionally dominating. However, soccer, hockey, and tennis have also grown significantly, generating high revenue. While professional leagues' financial value is clear, collegiate and amateur leagues have become multi-million-dollar industries. Athletes worldwide have criticized these leagues for profiting from their name, image, and likeness (NIL) without fair compensation, especially compared to the billions earned by organizations like the NCAA.
This paper will first examine the NCAA’s amateurism policies and their impact on intellectual property (IP) rights. It will then explore new technologies—NFTs, blockchains, social media, and video games—that offer new IP profit avenues. Next, it will address current issues at the NIL and IP intersection, such as legal inconsistencies and resource limitations. The paper will argue for policy reforms to create a fair market for athletes and analyze the success of current NIL and IP laws, projecting future trends.
Recommended Citation
Eskenazi Bone, Andres
(2024)
"It's Raining Money: The Need for Name, Image, and Likeness (NIL) Reform from an Intellectual Property Perspective,"
Denver Sports & Entertainment Law Journal: Vol. 29:
Iss.
1, Article 6.
Available at:
https://digitalcommons.du.edu/selj/vol29/iss1/6