For decades, the NCAA and universities across the country operated under a system that generated billions of dollars in revenue, while the athletes whose talent fueled that system were strictly prohibited from earning a dime. That era is finally ending. The introduction of Name, Image, and Likeness (NIL) rights has fundamentally changed the landscape of college sports, giving student-athletes the long-overdue ability to profit from their own personal brands.
However, this new landscape is complex, rapidly evolving, and fraught with legal pitfalls. Universities, collectives, and corporate sponsors are all navigating this new territory, and unfortunately, the interests of the student-athlete are not always their top priority. You may face pressure to sign unfavorable contracts, encounter university interference with your deals, or even discover that your school has been profiting off your likeness without your consent.
If you are a college athlete in New Jersey, you need to understand that your NIL is a valuable asset, and you have the right to protect it. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we are at the forefront of this emerging legal field. We understand the intersection of sports, employment law, and contract rights. Whether you are negotiating a new deal or fighting for compensation you are already owed, we are here to ensure you are treated fairly.
The New Jersey Fair Play Act
New Jersey was one of the early adopters of NIL legislation, passing the New Jersey Fair Play Act. This law provides the foundational framework for student-athletes in the state to earn compensation.
Key provisions of the Fair Play Act include:
- The Right to Earn: Four-year colleges and universities in New Jersey cannot prevent a student-athlete from earning compensation for the use of their name, image, or likeness.
- The Right to Representation: Universities cannot prevent an athlete from obtaining professional representation, including an attorney or a sports agent, in relation to contracts or legal matters.
- Scholarship Protection: Earning NIL compensation cannot affect your athletic grant-in-aid or scholarship eligibility. Your scholarship cannot be revoked or reduced simply because you signed an endorsement deal.
The Limitations: What You Cannot Do
While the Fair Play Act grants significant freedoms, it also imposes certain restrictions. You generally cannot enter into an NIL contract that conflicts with a provision of your team contract or university policy. For example, if your university has an exclusive apparel deal with Nike, you likely cannot wear Adidas gear during official team activities or in university-sponsored media, even if you have a personal NIL deal with Adidas.
Furthermore, universities can prohibit athletes from endorsing certain categories of products, such as alcohol, tobacco, gambling, or adult entertainment.
The Threat of University Interference and Retaliation
Despite the clear language of the Fair Play Act, some universities still attempt to exert undue control over their athletes’ NIL activities. This interference can take many forms:
- Coercion: Coaches or athletic directors pressuring you to sign with a specific collective or steering you away from certain sponsors.
- Unreasonable Restrictions: Universities broadly interpreting “conflict” clauses to block legitimate deals that do not actually violate team policies.
- Retaliation: If you push back against university interference or hire an attorney to review a contract, you might suddenly find your playing time reduced, your position on the depth chart dropped, or your access to training facilities restricted.
If a university takes adverse action against you because you exercised your legal right to pursue NIL compensation or retain legal counsel, they may be violating state law. While student-athletes are not traditional “employees,” the courts are increasingly recognizing that the relationship between athlete and university has significant employment-like characteristics, and retaliation is unacceptable.
The Fight for Retroactive Compensation
The current NIL rules protect athletes playing today, but what about the athletes who built the programs before the rules changed? For decades, universities sold jerseys with players’ numbers, used their highlights in lucrative television broadcasts, and featured their faces in promotional campaigns—all while the athletes received nothing.
This historical injustice is now the subject of intense legal scrutiny. High-profile lawsuits, such as the one filed by Rutgers legend Leonte Carroo (represented by our firm), are challenging the arbitrary cutoff dates of recent NCAA settlements. These cases argue that universities unjustly enriched themselves by exploiting athletes’ likenesses before 2016, and that those athletes are entitled to retroactive compensation.
If you played college sports in New Jersey before the NIL era and believe your university profited from your likeness without your consent, you may have a claim. The legal landscape is shifting rapidly, and the window to pursue these claims may be limited.
How to Protect Your NIL Rights
Whether you are a current recruit, an active roster player, or a former athlete, you must treat your NIL as a business.
- Never Sign Without Review: Do not sign any contract—whether from a sponsor, a collective, or your university—without having it reviewed by an independent attorney. Agents can negotiate terms, but an attorney ensures your legal rights are protected.
- Understand “In Perpetuity”: Be extremely wary of contracts that grant a sponsor or collective the right to use your likeness “in perpetuity” (forever). You want to retain control over your brand long after your college career ends.
- Document Everything: Keep copies of all communications with your university compliance office regarding your NIL deals. If a coach or administrator tries to block a deal, get their reasoning in writing.
- Seek Specialized Counsel: NIL law is a hybrid of contract law, intellectual property, and sports law. You need an attorney who understands this specific intersection.
Frequently Asked Questions (FAQ)
Q: Can my coach bench me if I sign an NIL deal with a company they don’t like?
A: If the deal does not violate university policy or conflict with a team contract, your coach cannot legally retaliate against you for signing it. Reducing playing time as a punishment for exercising your legal NIL rights could be considered illegal retaliation. However, proving that the benching was retaliatory (rather than performance-based) requires careful documentation and legal strategy.
Q: Do I have to use the lawyer or agent that my university’s compliance office recommends?
A: Absolutely not. The New Jersey Fair Play Act explicitly guarantees your right to obtain independent professional representation. You should always choose an attorney who represents your best interests, not the interests of the university or the athletic department.
Q: I played college football in New Jersey before 2016, and the school still sells merchandise with my old number. Can I sue for compensation?
A: You may have a strong case. Recent lawsuits are challenging the idea that universities can continue to profit from the likenesses of pre-2016 athletes without compensation. These cases are complex and involve statutes of limitations, so it is critical to consult with an attorney immediately to evaluate your specific situation.
We Level the Playing Field
For too long, the power dynamic in college sports has been entirely one-sided. Universities held all the cards, and athletes were expected to be grateful just for the opportunity to play. That dynamic is over. You have rights, you have value, and you deserve to be compensated fairly.
At our firm, we are passionate advocates for student-athletes. We are not intimidated by massive university athletic departments or their corporate legal teams. We know how to negotiate strong contracts, fight back against institutional overreach, and pursue justice for past exploitation.
If you need help navigating an NIL deal, or if you believe your university has violated your rights, contact us today for a confidential consultation. Let us protect your brand so you can focus on your game.