NIL Representation

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Since joining Newman & Lickstein, Daniel Greene has played an active role in the emerging field of NIL in college athletics. Applying his extensive experience representing content creators and influencers, Daniel advises college athletes and their representatives in procuring and negotiating NIL agreements. He has been an NIL speaker at various legal conferences, provided numerous guest lectures, and is an adjunct sports law professor at SUNY Cortland. Furthermore, Daniel has been quoted in many NIL-related articles, and has been featured on sports radio, television, and podcasts nationwide discussing various legal issues in the NIL business.

Daniel is a graduate of Union College and the Syracuse University College of Law, where he was the President of the Entertainment & Sports Law Society and an Associate Notes Editor for the Syracuse Law Review. During law school, Daniel’s note entitled “From the Ice to the Courtroom: Analyzing the Relationship Between Professional Ice Hockey and Tort Liability,” was published in the Spring 2016 issue of The Sports Lawyers Journal. He was also a finalist at the 2015 Hockey Arbitration Competition of Canada. Before law school, Daniel served as the Coordinator of Hockey Operations for Union College’s Division I Men’s Ice Hockey program for two seasons, where the Dutchmen made NCAA Tournament appearances in each season and participated in the 2012 Frozen Four.

Frequently Asked Questions

What is NIL?

NIL stands for name, image, and likeness, which are the three elements embodying an individual’s “right of publicity.” The “right of publicity” is an intellectual property right that protects against the misappropriation of a person’s NIL. As of July 1, 2021 athletes competing in NCAA athletics are permitted to receive compensation for the use of their NIL for commercial activities.

What laws, rules, and regulations govern NIL?

There is no national standard governing NIL. All athletes must comply with the NCAA’s rules and regulations, the law of the state that their school is located in (if any), and the NIL protocols of their respective school. Each state law and school policy are different, so it is vital to fully understand the caveats and pitfalls of each. Even if your state does not have NIL legislation, you may still participate in NIL activities. It is important to consult with your school’s athletic compliance office about any guidelines you must follow when engaging in NIL activities.

Can I enter into a deal where I am compensated based on my participation on a certain school team or for certain athletic achievements?

No. “Pay for play” is still prohibited by the NCAA. Therefore, any NIL contract should outline your expected deliverables to the entity you are partnering with and include an action on your part if receiving compensation (i.e., participating in and/or publishing marketing materials on behalf of a third party).

Can I participate in NIL if I am not a United States citizen?

Under United States federal law, international students in the United States on an F-1 student visa may not work while physically present in the United States. For example, international students cannot be compensated for virtual or digital work for any United States-based or foreign company while living in the United States. However, international students may engage in NIL activity and receive compensation for such activity when they are in their home country. It is important for all international students to consult with their school’s office of international programs or an immigration attorney on this matter.

Can I participate in NIL if I am enrolled at a high school in the United States?

Over half of the high school athletic associations in the United States permit high school athletes to monetize their NIL with certain restrictions. For example, as of September 1, 2023, while the Minnesota State High School League permits its athletes to profit from their NIL, the Wisconsin Interscholastic Athletic Association does not. You should refer to your governing body’s handbook to ensure compliance. In addition, some U.S. state legislatures have also enacted laws impacting the ability of high school athletes to earn NIL compensation.

Do I have to pay taxes on my NIL earnings?

Income from NIL activities is considered taxable income and may impact an athlete’s need-based, state, or federal financial aid. There is no limit to the amount an athlete may earn from NIL deals and activities. Discussion with a qualified accountant and your school’s financial aid office is critical to ensure compliance.

Does getting an agent for NIL deal impact my NCAA eligibility?

No; however, agents that are obtained for improper recruiting inducements and/or representation in future professional sports negotiations are prohibited. A “player agent” is different from a “marketing agent” for NIL purposes, but a player agent and NIL marketing agent may be the same person. The services that an NIL marketing agent will provide you are solely for NIL marketing opportunities.

What are NIL Collectives?

NIL collectives are entities separate from the school whose main purpose is to pool funds from donors to help create NIL opportunities for the school’s athletes. Collectives can help facilitate deals for athletes and/or create their own ways for an athlete to exercise their right of publicity. Not all collectives are the same and many operate in different ways. Pursuant to NCAA guidance, collectives must not engage in recruiting conversations with prospective college athletes nor communicate with them to encourage their enrollment at a specific school.