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Redrawing the NIL Playbook

Introduction The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling explores critical intersections between publicity rights, commercial speech, First Amendment protections, and the legal boundaries of “news reporting.” The implications extend far […]

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Redrawing the NIL Playbook

Introduction

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling explores critical intersections between publicity rights, commercial speech, First Amendment protections, and the legal boundaries of “news reporting.” The implications extend far beyond baseball, potentially affecting companies using athlete or celebrity NIL in commercial marketing across sports betting, digital advertising, and beyond.

Case Background

MLB Players Inc. (MLBPI), the group licensing subsidiary of the Major League Baseball Players Association, brought this action against DraftKings and Bet365, alleging unauthorized commercial use of player NIL in promotional campaigns. The complaint specifically cited examples where players’ images—including Yankees star Aaron Judge—were used in digital and social media promotions without proper authorization or compensation.[2]

Judge Marston’s ruling denied the defendants’ motion to dismiss claims related to right of publicity violations, misappropriation and unjust enrichment. Only one misappropriation claim was dismissed as duplicative.[3] The case now advances to discovery, where the courts will examine the factual context and intent behind the disputed content.

Defining the “News Reporting” Defense

A central question in this case concerns the scope of the “news reporting” defense under Pennsylvania law.[4] This exemption typically allows use of an individual’s identity without consent when it appears in legitimate news reporting on matters of public interest.

Judge Marston’s ruling made the following critical distinctions:

  1. Content about newsworthy topics differs legally from content that constitutes actual news reporting;
  2. Athlete identities cannot be used in commercial promotions under the guise of “news reporting”—even when discussing newsworthy sporting events; and
  3. Pennsylvania applies a narrower interpretation of this exemption than some other jurisdictions.[5]

The court cited Abdul-Jabbar v. General Motors Corp. (1996)[6], where the Ninth Circuit found that even content comprised of factually accurate information about an athlete’s accomplishments loses protection from right of publicity claims when used primarily for commercial advertising. The decisive factor is not the truthfulness of the content, but whether the use serves a commercial purpose.

The Clear Line: Advertising vs. Journalism

The ruling provided concrete examples illustrating impermissible commercial use. In one instance, a Bet365 social media post featured Aaron Judge alongside betting odds about MLB teams winning 100+ games. Critically, the post made no substantive reference to Judge’s performance or provided any meaningful context—his image simply served to attract attention to the sportsbook’s offerings.[7]

Judge Marston emphasized that content merely resembling editorial or journalistic material, while actually serving an advertising function, cannot claim news exemptions under right of publicity statutes. This creates a clear standard: Content adopting the look and feel of news coverage while fundamentally promoting a product or service remains subject to right of publicity laws and a higher standard for legal clearance than a use of the same content for news or entertainment purposes.

First Amendment Arguments: Limited Protection for Commercial Use

The defendants’ First Amendment arguments referenced cases involving expressive works such as video games and artistic renderings.[8] However, Judge Marston distinguished those precedents, noting they involved transformed or creatively interpreted athlete images—unlike the straightforward use of player photos in this case.

The court found limited grounds for strong First Amendment protection at this stage because the promotional content relied on direct, unaltered use of athlete likenesses primarily for commercial gain. While deferring a complete First Amendment analysis until further factual development, the ruling signals that purely commercial uses face an uphill battle under free speech protections.[9]

Strategic Implications for Industry Stakeholders

This ruling carries significant implications for how NIL is used across industries—particularly in digital marketing, advertising, sports, betting, and branded content. When NIL is used for commercial promotion rather than legitimate reporting, organizations face potential liability without proper licensing.

Key Action Items:

  • Conduct content audits to identify where athlete or celebrity NIL appears in marketing materials.
  • Implement more rigorous legal clearances processes for NIL-related promotions.
  • Review existing licensing agreements to ensure they cover intended uses.
  • Develop clear internal guidelines distinguishing between news reporting and promotional content.
  • Consider jurisdictional differences in right of publicity laws when planning national campaigns.

The Evolving NIL Landscape

As NIL continues to grow in commercial value, legal efforts to protect these rights are intensifying. Athletes, celebrities, and their representatives are becoming more assertive in controlling NIL usage—with courts increasingly supporting their position.

Several states are enacting or revising right of publicity laws, expanding individual NIL protections and increasing potential liabilities for unauthorized commercial use. This state-by-state evolution has amplified calls for uniform federal NIL legislation—potentially modeled after copyright protections—to prevent a fragmented legal landscape that encourages forum shopping and inconsistent outcomes.

Conclusion

The MLB Players Inc. ruling marks a significant shift in NIL jurisprudence that affects brands, platforms, advertisers, and content creators across industries. The distinction between legitimate news reporting and commercial promotion is becoming more defined—and legally consequential.

In an environment where “earned media” and “sponsored content” demand different legal approaches, organizations must adapt their NIL practices to this evolving landscape. Those who implement comprehensive compliance strategies will be best positioned to avoid liability while effectively leveraging NIL in their marketing efforts.

Footnotes

[1] MLB Players, Inc. v. DraftKings, Inc., No. 24-4884-KSM, 2025 U.S. Dist. LEXIS 47600 (E.D. Pa. Mar. 14, 2025).

[2] Complaint, MLB Players Inc. v. DraftKings, ¶¶ 23–36.

[3] Memorandum Opinion by Judge Karen Marston, February 2025, at 12–14.

[4] 42 Pa. Cons. Stat. § 8316(e)(2)(ii).

[5] Id., see also Judge Marston’s analysis at p. 10.

[6] Abdul-Jabbar v. General Motors Corp., 85 F.3d 407 (9th Cir. 1996).

[7] Judge Marston Opinion, at 16–17.

[8] Brown v. Entertainment Merchants Ass’n, 564 U.S. 786 (2011); ETW Corp. v. Jireh Publ’g, Inc., 332 F.3d 915 (6th Cir. 2003).

[9] Judge Marston Opinion, at 21.

NIL

A Candid Conversation with The Most Interesting Man in the SEC

Shiyazh Pete was a coveted offensive tackle in the transfer portal. His decision to commit to Kentucky on the final day of the winter transfer window was met with fanfare. When Pete first arrived in Lexington, we quickly learned there’s much more to the man behind the facemask. A giant among giants, Pete towers over […]

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Shiyazh Pete was a coveted offensive tackle in the transfer portal. His decision to commit to Kentucky on the final day of the winter transfer window was met with fanfare. When Pete first arrived in Lexington, we quickly learned there’s much more to the man behind the facemask.

A giant among giants, Pete towers over his peers at 6-foot-8, 322 pounds. It’s not the only thing that sets him apart.

In the spring, the Kentucky newcomers were introduced to the media. Pete’s prose is unlike his predecessors. That was clear when he was asked about his offensive line coach, Eric Wolford.

“He lives up to his name, the Wolf,” said Pete. “He’s cunning, he’s keen, he’s pretty sharp. I like that about him.”

My first thought after hearing that: “I need to spend more time talking to that guy?” That’s exactly what Kentucky Sports Radio did ahead of the July Fourth holiday weekend.

Pete has impressive credentials as an All-Conference left tackle for a 10-win team at New Mexico State, arguably the best in that program’s history. While most fans will be focused on how well he stacks up against SEC opponents, that’s just a fraction of what he’s bringing to the Big Blue Wall.

He grew up as a self-proclaimed nerd in Montana. The son of a Captain in the U.S. Army, he spent his formative years living in the Navajo Nation. He is Diné, which translates to “the people.” Pete proudly wears his braid while adding new hobbies. Pete can quickly complete a Rubik’s Cube and dabbles in the didgeridoo. This curious cat learns new about new topics, typically by watching a movie, then dives in headfirst. That is why we spent five minutes talking about Napoleon Bonaparte.

Pete went from playing on a high school football team with 11 players to one of the worst programs in the FBS, one that eventually played the role of David and slayed Goliath at Jordan-Hare Stadium. Ahead of his final college football season, he’s grateful for the opportunity to showcase his skills in the SEC. What does he envision in his final college football performance?

“Napoleon.”

Enjoy this candid conversation before Shiyazh Pete conquers the SEC at Kentucky.

https://www.youtube.com/watch?v=QclpYI1ivz4

More Kentucky News and Views on the KSR YouTube Channel

Kentucky Sports Radio has expanded its coverage of the Wildcats in the most ridiculous manner possible on our YouTube Channel. Here you will be able to find interviews with coaches and players, as well as commentary from the KSR crew. From Rapid Reactions following big events to our lengthy lineup of live shows, subscribe to the KSR YouTube Channel to stay up to date on everything happening around the Big Blue Nation.



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Texas Tech Lands 5-Star Felix Ojo With $5.1M NIL Deal, Beating Out Texas, Ohio State

Texas Tech secured five-star offensive tackle Felix Ojo on July 4 with a record-breaking $5.1 million NIL contract that made headlines across college football. The Red Raiders pulled off one of the biggest recruiting coups in program history by landing the nation’s No. 5 overall prospect and top offensive tackle, defeating powerhouse programs including Texas, […]

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Texas Tech secured five-star offensive tackle Felix Ojo on July 4 with a record-breaking $5.1 million NIL contract that made headlines across college football.

The Red Raiders pulled off one of the biggest recruiting coups in program history by landing the nation’s No. 5 overall prospect and top offensive tackle, defeating powerhouse programs including Texas, Ohio State, Michigan, and Florida.

PFSN College Football Playoff Predictor
Dive into Try out PFSN’s FREE college football playoff predictor, where you can simulate every 2025-26 NFL season game and see who wins the National Championship!

Texas Tech Lands Five-Star Recruit with Record NIL Deal

Social media exploded when On3 Sports broke the news on Twitter, announcing that the 6’7″, 285-pound tackle from Mansfield Lake Ridge High School had inked the largest fully guaranteed NIL revenue-share agreement in college football history.

According to his agent, the three-year deal worth $5.1 million features a significant escalator structure. Year one pays $1.2 million, year two reaches $1.6 million, and year three peaks at $2.1 million. This groundbreaking contract came just days after the federal settlement legalizing direct revenue-share payments took effect on July 1.

The timing proves crucial for Texas Tech’s aggressive NIL strategy, which already paid dividends after the program invested over $10 million in transfer portal additions in early 2025. The Matador Club’s willingness to offer seven-figure deals across multiple sports established the Red Raiders as serious players in the new NIL landscape.

Historic Commitment Transforms Red Raiders Recruiting

Ojo’s commitment represented a massive upset as he selected Texas Tech over his final four schools. The Longhorns and Buckeyes were considered co-favorites throughout the process, making his decision even more surprising for college football analysts.

The elite prospect ranks as the No. 5 overall player in the 2026 class according to 247Sports Composite, while ESPN rates him No. 4 in their ESPN 300. His commitment makes him the highest-rated signee in Texas Tech program history, surpassing previous recruiting milestones for the Big 12 program.

Ojo’s addition transforms the Red Raiders’ 2026 recruiting class, with the latest available rankings showing a major jump but not universally to 23rd nationally or 1st in the Big 12. Some sources have Texas Tech ranked as high as 23rd and 1st in the Big 12, while others show a current rank of 29th nationally and 1st in the Big 12. The class average rating improvement reflects the significant talent upgrade that comes with landing a five-star prospect.

Beyond recruiting rankings, the impact extends to on-field performance expectations. Research shows each five-star recruit contributes approximately 0.306 additional wins per season, making Ojo’s presence valuable for Texas Tech’s competitive outlook. His position at left tackle will dramatically improve pass protection and create better opportunities for the running game under Coach Joey McGuire’s offensive system.

The signing establishes Texas Tech’s commitment to competing at the highest level in college football while setting new benchmarks for NIL deals across the sport. College football programs nationwide are watching how this unprecedented contract structure influences future recruiting battles and player compensation models.

Ojo is expected to arrive on campus in the summer of 2026 and immediately compete for a starting role on the offensive line. His presence should provide immediate impact for a program looking to establish itself as a consistent Big 12 contender under McGuire’s leadership.





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Report

Mansfield (TX) Lake Ridge five-star offensive tackle Felix Ojo, one of the top prospects in 2026, made a Fourth of July commitment to Texas Tech. The Red Raiders will now be paying him quite well with an unprecendented, fully guaranteed revenue-sharing deal. Ojo committed to Texas Tech this afternoon over top schools like Texas, Oklahoma, Michigan, Ohio […]

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Mansfield (TX) Lake Ridge five-star offensive tackle Felix Ojo, one of the top prospects in 2026, made a Fourth of July commitment to Texas Tech. The Red Raiders will now be paying him quite well with an unprecendented, fully guaranteed revenue-sharing deal.

Ojo committed to Texas Tech this afternoon over top schools like Texas, Oklahoma, Michigan, Ohio State, and Ole Miss. ESPN’s Eli Lederman reported that the Red Raiders signed Ojo to a fully guaranteed revenue-share deal worth $5.1 million over three years. On3’s Pete Nakos reported more details of the agreement.

Ojo’s guaranteed rev-share amount is roughly half the $5.1 million, according to Nakos, and the contract pays out $775,000 per year over three years. Including incentives and if the deal is renegotiated, the five-star offensive lineman is set to earn $1.2 million in Year 1, $1.6 million in Year 2 and $2.1 million in Year 3. Nakos added Texas Tech softball helped pull the deal off.

This comes a few days after the House v. NCAA settlement took effect around college athletics. Judge Claudia Wilken approved the settlement back on June 6th after nearly five years since the filing of House v. NCAA. That allowed for revenue-sharing, with schools paying athletes directly, beginning earlier this week on July 1st.

Ojo ranks as the No. 6 overall recruit as a five-star prospect in the 2026 cycle. He also rates as the No. 3 OT in the class, behind Jackson Cantwell (No. 1 – Miami) and Immanuel Iheanacho (No. 4 – Oregon). He is also the No. 1 player in the state of Texas, according to the On3 Industry Ranking, a weighted average that utilizes all four major recruiting media companies. Following his July 4th commitment, Ojo becomes Texas Tech’s highest-rated commitment of all time as part of what’s shaping out to be a Top-25 class for the Red Raiders in 2026.

This comes after the spring where Texas Tech became a national player in the NIL and transfer portal landscape. The Red Raiders are coming off of an 8-5 2024 season in Year 3 for head coach Joey McGuire, who signed the No. 1 class in the NCAA Transfer Portal, according to On3. Eight of their 21 portal additions this offseason ranked in the Top-100 of On3’s 2025 Top Transfer Portal Players. Expectations are now becoming more real for the program down in the Big 12, especially if they can capitalize on this season after recruiting success both in the portal and in high school.

For today, though, Texas Tech can enjoy what is the commitment of their highest-ranked recruit in school history. Ojo can celebrate as well with his recruitment ending in what’s reportedly a very large, guaranteed deal for him ahead of his collegiate career in Lubbock.

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Texas Tech Signs 5-Star Felix Ojo in $5M NIL Deal

Share Tweet Share Share Email Felix Ojo, a consensus five-star offensive tackle ranked among the top prospects nationally in the 2026 class, committed to Texas Tech on July 4th over heavyweights like Texas, Ohio State, Florida, and Michigan. The standout from Mansfield, Texas, has reportedly landed a fully guaranteed revenue-sharing contract valued at $5.1 million […]

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STUNNER

Texas Tech secured five-star offensive tackle Felix Ojo on July 4 with a record-breaking $5.1 million NIL contract that made headlines across college football. The Red Raiders pulled off one of the biggest recruiting coups in program history by landing the nation’s No. 5 overall prospect and top offensive tackle, defeating powerhouse programs including Texas, […]

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on

STUNNER

Texas Tech secured five-star offensive tackle Felix Ojo on July 4 with a record-breaking $5.1 million NIL contract that made headlines across college football.

The Red Raiders pulled off one of the biggest recruiting coups in program history by landing the nation’s No. 5 overall prospect and top offensive tackle, defeating powerhouse programs including Texas, Ohio State, Michigan, and Florida.

PFSN College Football Playoff Predictor
Dive into Try out PFSN’s FREE college football playoff predictor, where you can simulate every 2025-26 NFL season game and see who wins the National Championship!

Texas Tech Lands Five-Star Recruit with Record NIL Deal

Social media exploded when On3 Sports broke the news on Twitter, announcing that the 6’7″, 285-pound tackle from Mansfield Lake Ridge High School had inked the largest fully guaranteed NIL revenue-share agreement in college football history.

According to his agent, the three-year deal worth $5.1 million features a significant escalator structure. Year one pays $1.2 million, year two reaches $1.6 million, and year three peaks at $2.1 million. This groundbreaking contract came just days after the federal settlement legalizing direct revenue-share payments took effect on July 1.

The timing proves crucial for Texas Tech’s aggressive NIL strategy, which already paid dividends after the program invested over $10 million in transfer portal additions in early 2025. The Matador Club’s willingness to offer seven-figure deals across multiple sports established the Red Raiders as serious players in the new NIL landscape.

Historic Commitment Transforms Red Raiders Recruiting

Ojo’s commitment represented a massive upset as he selected Texas Tech over his final four schools. The Longhorns and Buckeyes were considered co-favorites throughout the process, making his decision even more surprising for college football analysts.

The elite prospect ranks as the No. 5 overall player in the 2026 class according to 247Sports Composite, while ESPN rates him No. 4 in their ESPN 300. His commitment makes him the highest-rated signee in Texas Tech program history, surpassing previous recruiting milestones for the Big 12 program.

Ojo’s addition transforms the Red Raiders’ 2026 recruiting class, with the latest available rankings showing a major jump but not universally to 23rd nationally or 1st in the Big 12. Some sources have Texas Tech ranked as high as 23rd and 1st in the Big 12, while others show a current rank of 29th nationally and 1st in the Big 12. The class average rating improvement reflects the significant talent upgrade that comes with landing a five-star prospect.

Beyond recruiting rankings, the impact extends to on-field performance expectations. Research shows each five-star recruit contributes approximately 0.306 additional wins per season, making Ojo’s presence valuable for Texas Tech’s competitive outlook. His position at left tackle will dramatically improve pass protection and create better opportunities for the running game under Coach Joey McGuire’s offensive system.

The signing establishes Texas Tech’s commitment to competing at the highest level in college football while setting new benchmarks for NIL deals across the sport. College football programs nationwide are watching how this unprecedented contract structure influences future recruiting battles and player compensation models.

Ojo is expected to arrive on campus in the summer of 2026 and immediately compete for a starting role on the offensive line. His presence should provide immediate impact for a program looking to establish itself as a consistent Big 12 contender under McGuire’s leadership.

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UCLA Transfer PG Deemed a Top Impact Newcomer

After finishing their inaugural season in the Big Ten Conference with a 23-11 record and eventually bowing out in the second round of the NCAA Tournament to Tennessee, the UCLA Bruins addressed a few major holes in the offseason, most notably by acquiring Mountain West Player of the Year and former New Mexico guard Donovan […]

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UCLA Transfer PG Deemed a Top Impact Newcomer

After finishing their inaugural season in the Big Ten Conference with a 23-11 record and eventually bowing out in the second round of the NCAA Tournament to Tennessee, the UCLA Bruins addressed a few major holes in the offseason, most notably by acquiring Mountain West Player of the Year and former New Mexico guard Donovan Dent through the transfer portal.

The No. 3 ranked player in the portal, Dent addresses a major issue Mick Cronin’s Bruins had (especially) down the stretch of last season — offensive efficiency and creation.

ESPN released it’s July men’s NCAA basketball early top 25 rankings of impact newcomers and Dent made the list, ranking 15th in the nation. Here’s what Jeff Borzello said about Dent and his move to Westwood.

“Dent was one of the best players in the portal, and he should be one of the best point guards in the country once again. His usage will drop given the backcourt talent around him, but he’s going to be the primary offensive playmaker after ranking in the top 15 nationally in scoring and assists last season and maintaining his production against New Mexico’s best opponents.”

In an interview on the Big Ten Network, Cronin had high praise for the former New Mexico guard.

“The Mountain West was a tough league,” Cronin said. “At the end of the year (it took Maryland) everything they had, a buzzer-beater to beat Colorado State. We had to play Utah State in the tournament. There’s some good teams in that league and [Dent] was far and away the best player in that conference.

“Point guard’s a very position. It just makes your life a lot easier if you have a guy with the ball that can really do a lot of things.”

ESPN College Basketball Analyst and legendary head coach Dick Vitale included the Bruins in his list of the 12 best men’s college basketball teams.

Vitale ranked UCLA as the 10th-best team in the country, noting their success in the transfer portal, headlined by the acquisition of Dent, as the main reason the Bruins are a team to look out for ahead of the next season.

“Mick Cronin’s Bruins keep grinding,” Vitale wrote under UCLA’s top-10 ranking. “Tyler Bilodeau and Eric Dailey Jr. headline a team loaded with talent, including transfers Donovan Dent, Steven Jamerson II and Xavier Booker. Look out Big Ten; this team is coming strong.”

With Dent addressing a dire need for improvement offensively, the Bruins are primed to build off the momentum of their inaugural season in the Big Ten by proving to be a true contender in the college basketball stratosphere.

Ensure you follow on X (Twitter) @UCLAInsideronSI and @cmorenoNBA and never miss another story on Donovan Dent or the UCLA Men’s Basketball team again this season!

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