Rights of publicity 101
The right of publicity lets individuals control commercial use of their name, image, voice, or likeness, and the doctrine is state-based so obligations, damages, and permissible uses vary significantly.
Insights · Rights & Publicity
Rights & Publicity Basics
Name, image, and likeness rights are under greater scrutiny as AI can reproduce likenesses instantly. Keep this short guide handy when drafting releases and NIL deals.
February 7, 2026
NIL and publicity overlap
NIL programs and publicity rights intersect because athletes are selling their name, image, or likeness; a clean release must outline the level of control the school or brand retains, and the school must keep the disclosures ready for NCAA review.
Risk snapshot
Deepfake litigation is global
Courts in other jurisdictions are already ordering takedowns of unauthorized AI films, while various nations are crafting laws that explicitly shield individuals from synthetic likenesses.
Federal bills raise the stakes
The NO FAKES Act and Take It Down Act would force platforms to accept takedown notices for synthetic content that violates publicity rights, and content owners can use the same takedown language in their commercial agreements.
Rights
- Document exactly which rights are licensed (name, voice, live performances, avatar, AI replicas) and the permitted use cases.
- Link NIL deal terms to the publicity release so you can audit for NCAA headlines and avoid unauthorized derivative content.
- Add a takedown promise that mirrors state/federal law, covering AI-generated content and deepfakes beyond the contract term.
References
Disclaimer: Content on this site, including blog posts and insights, should not be relied upon as legal advice. Laws change frequently and vary by jurisdiction; you should consult with a qualified professional regarding your specific situation.
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