Name, Image, Likeness Top Issues: What attorneys need to know
Emma G. Powlin
Harris Beach PLLC
Emma focuses on issues related to large development projects as part of a team that represents more than two dozen Industrial Development Agencies, more than 90 municipalities, school districts and special improvement districts and many New York state agencies.
Bricker & Eckler LLP
Kasey Nielsen is a higher education attorney with specific experience in university policies related to collegiate athletics including name, image, and likeness matters and reviewing athletic programs for Title IX compliance.
On-Demand:January 24, 2023
$195.002 hour CLE
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Session I - General Overview, NCAA Guidance, Permissible Activities and School Restrictions - Emma G. Powlin
Name, Image, and Likeness (NIL) refers to a student athlete’s right of publicity, or the ability to control and monetize their NIL through commercial endorsements. Until July 1, 2021, the NCAA prohibited student athletes from receiving any compensation for their NIL. Now, after years of work, push back and a few monumental Supreme Court cases, it’s fair game. NIL is not stagnant; it is changing daily. Over the past 18 months, many states across the country have adopted their own NIL laws (including New York), the NCAA has released various NIL “guidance” and there has been talk of a looming federal bill. This is an exciting time for conferences, schools and student athletes and we cannot wait to see what the next year of NIL brings.
Key topics to be discussed:
Overview of NCAA Guidance & State Regulation
Permissible Activities, School Restrictions and Endorsements
Session II – NIL: Practical implications and diving into hot topic legal issues - Kasey Nielsen
This session will explore the practical implications of NIL and dive deeper into some hot topic legal issues. Ever since NIL was adopted a year and a half ago, the NIL landscape has evolved and we are starting to see its effects in the real world, in real time. Third-party NIL collectives have formed to support student-athletes in their NIL journey, which generates another layer of compliance and ethical issues. Intellectual property is the center of discussions at the institution level, as well as from student-athletes who want to use their team’s logos and marks. Finally, we will take a look at where we are headed with NIL and how it is transforming college athletics for the future.
Key topics to be discussed:
NIL and Intellectual Property Considerations
NIL and where we are headed
Date: January 24, 2023
Emma G. Powlin | Harris Beach PLLC
Emma focuses on issues related to large development projects as part of a team that represents more than two dozen Industrial Development Agencies, more than 90 municipalities, school districts and special improvement districts and many New York state agencies. The team also represents not-for-profit organizations and private sector clients on a range of matters including PILOT increment financing and other tax-exempt incentives. Emma advises on name, image and likeness (NIL) considerations, helping student athletes navigate taxes and fees, communication strategies and how to address policies and regulations by state, school and conference.
While in law school, Emma served as a legal extern for the University of Buffalo Division of Athletics, where she assisted department administrators in their response to the COVID-19 outbreak and conducted research regarding liability and mental health/athletics. She also served as a summer associate for law firms in Western New York over two consecutive summers and as a hearing representative for the University of Buffalo SBI Legal Assistance clinic. Emma was named captain of the SUNY Albany Division I Women’s Lacrosse Team.
Kasey Nielsen | Bricker & Eckler LLP
Kasey Nielsen is a higher education attorney with specific experience in university policies related to collegiate athletics including name, image, and likeness matters and reviewing athletic programs for Title IX compliance. As a trained Title IX investigator and decision-maker, Kasey assists colleges and universities in drafting and reviewing institutional policies to comply with federal regulations and provides guidance on various legal issues in student handbooks, including FERPA, the Clery Act and animals on campus.
With experience in the legal departments of the NCAA and several conferences, including the Mid-American Conference (MAC) and Southeastern Conference (SEC), Kasey has worked with athletic departments on compliance matters involving amateurism, recruiting, eligibility, and playing and practice seasons. Additionally, she has crafted conference-sponsored legislative proposals.
Recently, Kasey provided guidance on various legal issues associated with COVID-19, including communication plans, re-opening campus plans, acknowledgment and liability waivers, international students, and remote learning options. Kasey is a former legal extern with the United States District Court, Middle District of Louisiana, where she analyzed multiple case files, prepared memoranda, researched case and statutory law, observed trial proceedings, and revised citations on judicial opinions.
Session I – General Overview, NCAA Guidance, Permissible Activities and School Restrictions | 12:00pm – 1:00pm
General Overview/Background | 12:00pm – 12:20pm
Overview of NCAA Guidance & State Regulation | 12:20pm – 12:40pm
Permissible Activities, School Restrictions and Endorsements | 12:40pm – 1:00pm
Break | 1:00pm – 1:10pm
Session II – NIL: Practical implications and diving into hot topic legal issues | 1:10pm – 2:10pm
NIL Collectives | 1:10pm – 1:30pm
NIL and Intellectual Property Considerations | 1:30pm – 1:50pm