NIL

Redrawing The NIL Playbook

Introduction The recent decision by U.S. District Judge Karen Marston inMLB Players Inc. v. DraftKings and Bet3651 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 […]

Published

3 months ago

April 16, 2025

Your Sports Nation

Introduction

The recent decision by U.S. District Judge Karen Marston
inMLB Players Inc. v. DraftKings and Bet3651 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:

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

The court citedAbdul-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.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

Related Topics:advertising athlete background baseball Brands commercial complete featured group images marketing matter media mlb news nil review social sports video

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Revenue Share Breakdown Could Create Advantage For Mid-Major

iStockphoto / © Grace Hollars/IndyStar / USA TODAY NETWORK via Imagn Images Audio By Carbonatix Division-I colleges and universities were allowed to share revenue with their student-athletes for the first time on Tuesday, which actually creates a competitive advantage for mid-major basketball programs. Smaller schools with FCS football programs are able to distribute more money […]

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Chattanooga College Basketball Revenue Share Money Distribution — iStockphoto / © Grace Hollars/IndyStar / USA TODAY NETWORK via Imagn Images

Audio By Carbonatix

Division-I colleges and universities were allowed to share revenue with their student-athletes for the first time on Tuesday, which actually creates a competitive advantage for mid-major basketball programs. Smaller schools with FCS football programs are able to distribute more money elsewhere.

It will be interesting to see whether this new era of collegiate athletics allows for more parity on the hardwood.

The last four years of Name, Image and Likeness were largely unregulated. There were no rules. Schools, through their NIL collectives, were able to spend whatever amount of money they wanted on any player in any sport without any guidelines on how to operate. Inducements were common. Tampering was rampant.

Although some of that behavior will surely continue under the table, this new revenue sharing model is supposed to provide some semblance of structure when it comes to finances across college sports. Universities must operate under a set cap for direct compensation. Outside NIL deals must undergo approval from an outside entity. The entire pay scale will be limited. (We’ll see!)

Generally speaking, SEC programs will have a maximum annual budget of approximately $21 million. Approximately $14 million will go to football, $4 million to men’s basketball, $1 million to women’s basketball and $2 million to the other sports combined. Those numbers will obviously vary.

This is where smaller schools might find some common ground if they do not compete in college football on the FBS level. They can pump more money toward college basketball.

Smaller schools could choose to split its revenue share money as follows:

TOTAL — $4.8 million
- Men’s basketball: $2.66 million
- Football: $1.31 million
- Women’s basketball: $485,000
- Other sports: $350,000

The $2.66 million for men’s basketball is not too far off from $4 million at SEC schools. That $2.66 million number is more or less on par with high-major programs.

However, those numbers are not the same at every school. Some mid-majors have larger goals for compensation. Others have less.

Athletic departments could spend a similar amount of money on basketball as the “bigger” schools that focus on football to be just as competitive in terms of compensation as, say, Wisconsin. It will be interesting to see how this plays out. How long will those “bigger” schools allow for this somewhat level playing field? When will they starts pumping more money in the direction of men’s basketball?

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NIL

Where Does Wildcat NIL Fall In The New Era of College Athletics?

In April of 2022, former Kansas State football players Jesse Ertz, Ryan Henington, Ross Elder and Brad Fulner came together to help create Kansas State’s NIL collective. The collective helped Kansas State navigate the changing world of name, image and likeness. Things changed on Tuesday as a new era of NIL was ushered in, and […]

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While this is a significant shift in college sports, the impact on Wildcat NIL may be more of a pivot than a complete overhaul. Kansas State Director of Athletics Gene Taylor discussed the collective’s evolving role on this week’s Ask the A.D.

“Their [Wildcat NIL] role will now be going out and getting that third-party NIL, the true NIL that was supposed to be back in the day,” Taylor said. “When coaches come to us and say, ‘Where does so-and-so go out and try to get an opportunity for a corporate relationship?’ We can go to either one of those groups [Wildcat NIL or Learfield] and Wildcat NIL will be very involved with that in the future.”

The change completely shifts Wildcat NIL away from fundraising, which was one of its primary functions before Tuesday.

“Donors won’t give money directly to Wildcat NIL,” Taylor said. “The corporate side of that will be the roll they’ll play.”

The ruling on the House settlement established the College Sports Commission, a group responsible for overseeing payments exceeding $600, including those from collectives.

“The College Sports Commission, and the new CEO (Bryan Seeley), who is coming from Major League Baseball, that has that background, and he’s done this for Major League Baseball, making sure teams stay within the cap,” Taylor said. “He has come out and said in meetings with our commissioners, ‘We will go after the bad actors, and once we do, we will act swiftly and we will punish those bad actors…’ If that works, then this will be a level playing field.”

NIL collectives knew change was coming, and their behavior reflects that. The Commission went into effect on July 1; on June 30, collectives reportedly paid out $20 million to college athletes (Front Office Sports). Front Office Sports also reported that compared to last June, the payments collectives made were 824 percent higher.

The clock struck midnight on the old era of NIL. Wildcat NIL will look to keep third-party deals coming to K-State athletes as their focus shifts away from donor funding.

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Kentavious Caldwell-Pope Forgets AJ Dybantsa’s Name While Praising NIL for Aiding BYU

AJ Dybantsa, widely considered the top high school basketball prospect in the class of 2025, is drawing national attention as he prepares for an anticipated standout freshman year at BYU and eyes a likely spot in the 2026 NBA Draft. His rise highlights how Name, Image, and Likeness (NIL) deals are reshaping college sports, giving […]

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His rise highlights how Name, Image, and Likeness (NIL) deals are reshaping college sports, giving elite players more options than ever before.

Yet, even as Dybantsa’s profile soars, not everyone in the basketball world is up to speed – as evidenced by a recent podcast slip-up from veteran NBA champion Kentavious Caldwell-Pope.

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AJ Dybantsa’s Name Slips from Kentavious Caldwell-Pope’s Memory

Kentavious Caldwell-Pope, now with the Memphis Grizzlies, joined the latest episode of The Dawg Talk Podcast to discuss the impact of NIL contracts on college basketball.

He emphasized how NIL has broadened opportunities for top recruits, making it possible for standout players to choose programs outside traditional powerhouses.

During the conversation, Caldwell-Pope tried to reference Dybantsa’s high-profile commitment to BYU, but stumbled over the player’s name:

“Now you got more players to like…just it ain’t all on one team. That’s one of the reasons I like the NIL. You can put some in these top ranks, you know, back down all American kids, and put them in a school like…I forget the number one kid…he went, he is going to…what college is he going…?”

With help from the hosts, Caldwell-Pope eventually recalled Dybantsa’s name and used the moment to reflect on his own college choice.

He pointed out how the landscape has evolved, noting that top prospects now have more freedom to pick schools where they can make an immediate impact rather than joining already stacked rosters.

“Kentucky used to have the whole McDonald’s All American class. My year, I went to Georgia. They had six PAC All American going to their school. Six of them. And I was going to go, but I was like: ‘Oh no, I ain’t going to even get no playing time. I want to see playing time…’”

Caldwell-Pope’s experience offers a useful comparison for today’s recruits. He played two seasons at the University of Georgia, where he earned SEC Player of the Year honors before the Detroit Pistons selected him eighth overall in the 2013 NBA Draft.

Over his NBA career, Caldwell-Pope has won championships with the Los Angeles Lakers in 2020 and the Denver Nuggets in 2023, solidifying his reputation as a reliable veteran.

Meanwhile, Dybantsa is making headlines of his own. He is expected to play just one season at BYU before entering the NBA Draft, where he is projected as a lottery pick.

His recent performance with Team USA at the FIBA U19 World Cup has only boosted his profile. Through the tournament, Dybantsa is averaging 16.7 points, 4 rebounds, and 2.3 assists per game, while shooting an impressive 75% from two-point range.

These numbers demonstrate his readiness for the next level, and his success on the international stage is a strong indicator of his potential impact in college and beyond.

Dybantsa’s journey reflects a changing landscape in college basketball, where NIL deals and increased player mobility are giving top prospects more control over their futures. As Caldwell-Pope’s podcast moment shows, even established NBA stars are still getting used to the new era of recruiting and player movement.

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These college basketball coaches are in trouble and will be expensive to fire

There has always been immense pressure to win in college basketball, especially at the blue blood programs, but as revenue-sharing gets introduced and the athletic departments begin to pay athletes directly, that pressure will only ramp up. Now, schools won’t just be diverting resources to the head coach, but to the players who, in many […]

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This past offseason’s coaching carousel exemplified that urgency, with major movement at programs with national championships in their trophy cases and annual title aspirations. Indiana had enough with Mike Woodson, replacing him with Darian DeVries from West Virginia, and Villanova took its second swing at replacing Jay Wright, moving on from Kyle Neptune in favor of Kevin Willard from Maryland. Even football schools like Texas and Miami made major moves.

College sports have never had patience, and the leash has gotten even shorter all across the country. If a head coach can’t win, many programs are even willing to pay a steep price to move on, and these five coaches could be next in the 2025-26 season.

441. player. . Hubert Davis. Hubert Davis. HC. Hubert Davis. . .

Hubert Davis is the obvious name to watch on the hot seat. After narrowly sneaking into the NCAA Tournament, and under much controversy, last season, the Tar Heels desperately need to find their way back to even footing with their biggest in-state rivals. Jon Scheyer has kept Duke rolling after taking over for Mike Krzyzewski. UNC has been on more of a roller coaster with Davis after Roy Williams’s retirement.

UNC spent big on its roster this upcoming season, bringing in a top 10 transfer portal class, so athletic director Bubba Cunningham and the rest of the decision-makers in Chapel Hill won’t be afraid to spend big to move on from Davis if he flops in Year 5 of his tenure. As fanbase pressure ramped up last season, North Carolina finally released the news of a two-year contract extension Davis signed in December to tie him to the program through the 2029-30 season at over $3 million a year.

HC. player. Adrian Autry. . . Adrian Autry. Adrian Autry. . . 445

Syracuse basketball has not been the same since the move from the Big East to the ACC, aside from a few Cinderella runs in the 2010s, the even Jim Boeheim struggled to win consistently in the new conference. Now, two years into his tenure, Autry has yet to lead Syracuse to the NCAA Tournament, and last season the program finished with a losing record for the first time since 1968-69.

Because Syracuse is a private university, it does not have to disclose its coaches’ salaries, so it’s unclear how costly moving on would be, but for a program that has been slow to invest properly in the NIL era, any cost could be cumbersome.

. 512. . . Bobby Hurley. Bobby Hurley. Bobby Hurley. HC. player.

While Danny Hurley is on top of the college basketball landscape, his brother Bobby is struggling to hold onto his job at Arizona State. Hurley arrived in Tempe back in 2015 and has led the Sun Devils to the NCAA Tournament three times, but not since 2023 and never with a seed higher than No. 11. Hurley has yet to advance through the first round of the NCAA Tournament.

It’s a rarity in college sports, where stability is a huge asset in recruiting, but the veteran head coach will enter the final year of his contract this season, so while it may not be costly to move on in his case, you may not find a hotter seat than the one out in the desert.

. Fred Hoiberg. HC. . . Fred Hoiberg. 488. . player. Fred Hoiberg

Fred Hoiberg was the 2024 Big Ten Coach of the Year, and that 23-11 season earned him a significant raise. Hoiberg’s contract extends through the 2028-29 season, and last season he made $4.25 million. At that cost, it was a bit of a disappointment in Lincoln. Hoiberg failed to follow his 2024 NCAA Tournament appearance with another trip in 2025, so he has just one trip to The Big Dance in his six seasons with the program.

Cornhuskers fans, though their attention is more fixed on the football field, could be running out of patience for Hoiberg, and it could leave the athletic department with its hands tied, potentially forced to move on from its head coach just two years after a major contract extension.

player. 444. . . Jeff Capel. Jeff Capel. HC. . PItt.

Last summer, Pitt recommitted to Jeff Capel, handing him a three-year contract extension through the 2029-30 season. He has been in Pittsburgh for seven years now, and the Panthers have just one NCAA Tournament trip to show for it.

Pitt may be committed to being a football school in the revenue-sharing era, so the decision makers could be reluctant to move on from Capel and pay the rest of his contract out after this year, but if his team struggles in the ACC once again, the fanbase will be ready for the program to go in another direction.

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EA Sports to bring back college basketball video game in 2028 – Tar Heel Times

Posted Jul 4, 2025 EA Sports is set to bring back its college basketball video game in 2028, according to a memo obtained by Matt Brown. The video game company also teased the release. EA Sports and 2K both stopped their annual releases of college basketball video games prior to […]

Published

1 hour ago

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Your Sports Nation

Posted Jul 4, 2025

EA Sports is set to bring back its college basketball video game in 2028, according to a memo obtained by Matt Brown. The video game company also teased the release. EA Sports and 2K both stopped their annual releases of college basketball video games prior to 2013. Due to NIL, there was a lot of speculation of whether video games would return.
(On3.com)

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