A Model Federal College Athletes Right of Publicity Statute

Drafted by:  Richard T. Karcher, J.D., Eastern Michigan University  If Congress wants to give all college athletes the ability to be compensated for third party commercial use of their name, image, and likeness (NIL), the appropriate way is to enact a federal right of publicity statute, based on the state law framework, that gives them (1) the equivalent publicity rights of professional athletes and (2) a viable, enforceable remedy for an infringement or interference. A.     Publicity rights of professional athletes.  Professional athletes have a recognizable property right in their NILs that may be licensed or endorsed for third party use,  i.e. , use by parties other than their teams and leagues/associations. State right of publicity laws protect their rights against third party usage without permission (unless the use is protected by the First Amendment); whereas, their rights in relation to team and league/association use of NILs in broadcasts, appearances, promotions,