2026-08-01

NIL and Publicity Rights: What Athletes and Creators Get Wrong

Name, image and likeness deals move fast — but the value is in the terms most people skip. Here's what actually protects an athlete's or creator's persona.

Name, image and likeness (NIL) has turned every athlete and creator into a brand — but most NIL deals are signed on speed, not on structure. The money is real; the mistakes are expensive.

Own the persona, license the use

Your publicity rights — your name, image, likeness, voice and persona — are an asset you own. A good NIL agreement licenses a specific, limited use of that asset; it never assigns it away. Watch for broad grants of "all rights in perpetuity," which quietly convert a sponsorship into a giveaway.

The terms that carry the value

  • Scope: exactly which platforms, territories and time period the brand may use your likeness.
  • Exclusivity: whether you are locked out of competing categories, and for how long.
  • Approvals: your right to approve creative before it runs.
  • AI and synthetic media: whether the brand may recreate your likeness with AI (see our work on digital twins).

At PARRON LAW we structure NIL and publicity-rights deals so the athlete or creator keeps the asset and captures the upside. New matters start with an online consultation.