Vondran Legal® - Right of Publicity Attorney - Name, Image and Likeness - OpenEndorse platform review.  If you are looking for a NIL publicity attorney call us at (877) 276-5084.  California and Arizona Athlete and Coach representation!

Bonus Materials:Athletes, don't forget, if you have a catchy, unique and distinct sports nickname, it may be wise to seek a federally registered trademark to protect it.

Introduction

The world of college athletics has just shifted in a major way thanks to the new NCAA rules regarding name, image, and likeness. For college athletes, this means they can now earn money from endorsements, appearances, and even their own social media videos. This exciting development opens up new doors for young athletes looking to make a name for themselves beyond the court or field. However, with the potential for legal issues and complex contracts, it's crucial that athletes seek out the guidance of an experienced NIL lawyer to ensure they're getting the best deals possible. It's a brave new world, but one filled with exciting opportunities for promising young athletes.

This blog discusses a new website riding the wave of the new NIL opportunities for sports athletes at the collegiate level.

OpenEndorse.com - Cool new web of opportunity for NCAA athletes?

Opendorse is not a party to any agreement between End Users and Customers. This is true even when the Site allows Customers and End Users to facilitate all deal activities from offer to payment on a completed Activity or providing other ancillary products or services. As a result, any part of an actual or potential transaction between an End User and Customer, including the requested Activity, the consideration required, the timing or duration of the agreement, and the legality of the Activity and other contractual requirements are solely the responsibility of each Party. By using this Site, each Party acknowledges and agrees that you are solely responsible for each agreement you enter into, including but not limited to assuring that each agreement adheres to all rules, regulations, and laws under which you are subject. Opendorse is not a legal advisor and does not vouch for the legality of any agreement on the site or of any provisions within. 

Copyright Infringement.

We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Opendorse legally sufficient notice of infringement. Send copyright infringement complaints to our General Counsel, at the following email address: [email protected]. We suggest that you consult your legal advisor before filing a DMCA notice with Opendorse's copyright agent. There can be penalties for false claims under the DMCA.

NCAA, Conference, Institutional, and other Regulations.

We are in no way sponsored by the NCAA, any conference, or any institution. As a user of this Site, you are responsible for your own activities in connection with your use of the Site and the Service, and you are responsible for knowing and complying with any rules, regulations, and laws of any governing body to which you are obligated (including, but not limited to, your institution, state and/or federal government) (“Regulations”). You understand and agree that any Deal in which you take part of, may need to be reported. By accepting any Deal Terms, you are acknowledging and agreeing that you will report all activities to all entities as required by Regulations. If you act in violation of the Regulations, we may take reasonable steps in response, including, but not limited to, terminating your access to and use of the Site and/or the Service and/or reporting such conduct to the NCAA, your conference or institution, or other appropriate authorities or entities. We do not knowingly promote any violations of Regulations.

Sample agreement to send to NIL athlete creators to ensure you retain all intellectual property rights to use the created content in all forms of media.

PODCAST:  Essential elements in a Name, Image Likeness Sports Endorsement Agreement

California Right of Publicity Crash Course by Attorney Steve®

SCRIBD DOWNLOAD: Important IP rights transfer and assignment legal document (sample)

Before you hire and engage an athlete to represent your brand, it is important to pay for all necessary IP rights and to be the SOLE HOLDER of ALL the IP rights.  Here is a sample document to review (not legal advice) to illustrate how to seek to secure the rights you need to purchase the athlete endorsement content, such as a video shout-out.

NCAA position on NIL

According to the NCAA website on NIL:

"This is an important day for college athletes since they all are now able to take advantage of name, image and likeness opportunities,"

NCAA President Mark Emmert said.

"With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level. The current environment — both legal and legislative — prevents us from providing a more permanent solution and the level of detail student-athletes deserve."

The policy provides the following guidance to college athletes, recruits, their families and member schools:

• Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
• College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
• Individuals can use a professional services provider for NIL activities.
• Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

"Today, NCAA members voted to allow college athletes to benefit from name, image and likeness opportunities, no matter where their school is located," said Division I Board of Directors chair Denise Trauth, president at Texas State. "With this interim solution in place, we will continue to work with Congress to adopt federal legislation to support student-athletes."

While opening name, image and likeness opportunities to student-athletes, the policy in all three divisions preserves the commitment to avoid pay-for-play and improper inducements tied to choosing to attend a particular school. Those rules remain in effect.

Social Media Influencer Disclosure Requirements for Social Media Influencers

Contact a California or Arizona NIL Law Firm

If you are an athlete or coach in need of legal representation to maximize your N.I.L. opportunities, you have found the right law firm.  Call us at (877) 276-5084 or fill out our contact form with your details, and we will contact you at a convenient time.  In this niche area of law, there is no substitute for experience!!