February 23, 2024
Name, image, and likeness (NIL) deals are a murky area of law, especially for promising young athletes hoping to establish themselves in their respective sports. In the wake of the Supreme Court’s decision in National Collegiate Athletic Association v. Alston (2021), states across the country—including Pennsylvania—have adopted NIL policies permitting NIL deals for high school athletes. But while Alston opened the gates to young athletes to profit off their own reputation, the landscape which lies beyond has been deemed ‘the wild West’ for its novelty and challenges.
Announced at Temple University as a “first in the nation” effort of its kind, the Philadelphia NIL Youth Protection Act aims to address these murky waters and provide clarity to young athletes who often find themselves overwhelmed, even victimized, in the NIL process. As part of a joint effort between Temple Law’s Sports Law Program, led by Professor Ken Jacobsen, and Philadelphia City Councilman Isaiah Thomas, the Bill, introduced in January, would establish a program whereby qualified student athletes and/or their families can access up to five billable hours of legal and financial representation to assist in evaluating any prospective NIL Deal. Qualifying households are those with an annual income of less than $150,000. The Bill further would provide for the development of educational materials for these families, covering topics such as the benefits and risks associated with NIL deals, and some of their most common forms.
Aside from the Bill, the partnership between Temple Law and Councilman Thomas is already having a substantive impact. The law school has established a hotline screened by Temple Law students, where student athletes and/or parents can call to obtain free legal advice on NIL deals. If a specific NIL deal is on the table, they can even connect directly with Professor Jacobsen or another attorney specializing in NIL contracting. The partnership is ultimately aimed at providing guidance to young athletes, streamlining the NIL process, and eliminating the predatory practices that have developed over the two-and-a-half years since Alston.
“This bill addresses various components to protect and educate our high school students and their families in the Name, Image and Likeness space, so that they could have confidence going forward that if they are entering into these deals, they’re doing it with their eyes wide open and not jeopardizing their eligibility,” said Professor Jacobsen, the Director of Temple Law’s Sports Law Program. He continued that although the changes in the law have largely been beneficial to student athletes in profiting off their own work, there are nonetheless navigational hurdles for them to overcome. “Where do you and we expect a 14, 15, 16 year old student to know what contract language is appropriate, to learn and to understand the kinds of risks, and kinds of rewards that might be available even if they’re allowed to get an NIL deal?” Jacobsen said.
The Philadelphia Bill may pave the way for other similar NIL legislation state- or even nation-wide. Pennsylvania State Senator Jimmy Dillon (D-Philadelphia) voiced his appreciation for the Bill, stating his hopes that other municipalities emulate its efforts throughout the Commonwealth. Dillon serves on the state Pennsylvania Athletic Oversight Committee. Professor Jacobsen echoed these comments, adding that he “would be very surprised” if the design of the Bill and the partnership isn’t picked up across the country.
John Kuhlmeier (LAW ’25) is a Student Editor for the Temple 10-Q.