NIL landscape in college sports changing: NCAA losing its grip, amateur vs. employee battle looms

College athletics is inching closer to a professionalized model only three years after name, image and likeness laws in several states made it possible for players to be compensated.

In an effort to convey what has happened and what’s next in the NIL space, CBS Sports provides an explainer of the latest developments and what might be next as state laws continue to evolve across the country. Below this article is an FAQ-style interview CBS Sports conducted with sports lawyer Darren Heitner, founder of HEITNER LEGAL, who provides an easy-to-digest breakdown of NIL and what to expect in the coming weeks, months and years.

But first, let’s look at what has happened in recent months. 

What is NIL?

NIL stands for name, image, and likeness, which are important elements that make up an individual’s right of publicity. The right of publicity was conceptualized only a century ago and is not uniform throughout the 50 states. At its core, these rights are intended to provide economic relief for individuals who have their persona used by others, in a commercial manner, without their consent. Alternatively, they are recognized rights that individuals may freely exploit for commercial purposes.

Court battles continue to loosen NCAA’s grip

Multiple lawsuits and legal wrangling have forced the NCAA’s hand — and led to some roadblocks — as NIL deals become more prevalent. The NCAA loosened rules Monday, approving legislation that allows schools to facilitate NIL deals between players and third parties directly.

A lot has changed in the NIL space since players were legally allowed in July 2021 to begin benefiting financially. NCAA president Charlie Baker proposed in December a plan that would allow schools to pay players directly for their NIL, though talks have softened as the landscape continues to change from state to state as the NCAA also faces a rash of court injunctions and legal threats. At the forefront is a massive class-action lawsuit that could lead to the NCAA and its conferences paying former players as much as $4.2 billion in back pay for NIL.

Will players soon be labeled as employees?

Meanwhile, many believe college athletics is approaching a student-employee model. In February, a judge ruled that Dartmouth’s men’s basketball players should be deemed college employees. The National Labor Relations Board has also taken the NCAA, Pac-12 Conference and USC to court, arguing…