Abstract

Recent litigation has clarified rules governing the right to publicity and in some cases has expanded opportunities for NCAA college athletes to commercialize their NILs. Those opportunities will likely increase as state and federal legislation allows compensation for NIL-related activities. Drawing from the experience of patent pools and performing rights organizations, this article discusses the economic efficiencies of group licensing and advances a proposal for future licensing of college athlete NILs. A group licensing entity for NILs would serve the dual purposes of enabling college athlete compensation for NIL-related activities while complying with NCAA rules related to competition in college athletics. The NIL licensing entity would be created by Congress as a non- profit, quasi-governmental membership organization operating on behalf of college athletes and perform many pro-competitive functions.

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