What to Look for this College Football Season: NIL Transparency and Athlete IP Rights
September 04, 2025
- Ashley Long
As college football season begins, the spotlight is not just on the games, but now it is also on the changing business landscape of college sports. As discussed in our previous blog, the House v. NCAA settlement that was finalized this summer did more than allow college athletes to get paid; it forced a fundamental shift in how athletes’ rights, particularly around NIL, are managed. As we approach this fall, increased transparency and scrutiny will shape every NIL deal, and the intellectual property (“IP”) rights of players will take center stage in ways we have not seen before.
When NIL opportunities first became legal in 2021, the market was chaotic, with some describing it as the “wild west.” Deals were often handshake agreements, loosely drafted contracts or ambiguous transactions between boosters, collectives and athletes. That era is quickly ending. The House settlement signals a new phase where regulators, schools and the public will demand more accountability. Collectives and athletic departments are now under pressure to implement compliance processes that resemble professional sports. Athletes entering NIL contracts can expect more formal agreements that spell out deliverables, payment schedules and IP rights. Athletes will also face increased disclosure requirements, both to schools and potentially governing bodies, to ensure that deals are tied to real services, such as autographs and appearances and not pay-for-play. Already, third-party professionals, including law firms, accountants and consultants, are stepping in to audit NIL activities and help programs avoid NCAA violations or state law missteps.
This shift toward transparency is not only about preventing abuse but also about protecting athletes themselves. It ensures they understand the terms of their contracts and, more importantly, it shows the growing recognition that college athletes are holders of valuable IP. For decades, the NCAA tightly controlled how players’ names, images and likenesses could be used in broadcasts, video games and merchandising. Now, licensing negotiations are likely to expand as players begin to realize their NIL is not just about social media endorsements or local sponsorships, but that it is also an asset that can be licensed to apparel companies, trading card brands or video game developers. We are already seeing the momentum in group licensing deals, particularly in football, where the return of the EA Sports’ College Football 25 game has reignited conversations about fair compensation for player likenesses.
Alongside this, IP education is becoming essential. Many athletes still enter contracts without realizing they are granting perpetual rights to their name, image and likeness. It is important that college athletes understand the importance of copyright and trademark rights and limit licenses to specific uses and timeframes. We will also see trademark filings by athletes on the rise, with more players seeking to protect their nicknames, logos and catchphrases. This season, it will be increasingly common to see athletes actively managing and protecting their personal brands.
Although athletes and their families may initially see these new compliance and disclosure requirements as unnecessary red tape, the bigger picture is positive. Scrutiny discourages bad actors, levels the playing field, and helps athletes maximize the value of their IP. Transparency also gives corporate sponsors confidence to invest in NIL, knowing deals are legitimate and enforceable. For schools, scrutiny reduces risk. Athletic departments can no longer turn a blind eye to collective activity and instead are now incentivized to create NIL infrastructures that are sustainable and legally sound.
The House settlement has not just changed the financial equation, but it has reframed the conversation around athletes as economic participants with legitimate property rights. This football season will be a preview of what is to come. As athletes become savvier about their rights and schools adapt to increased oversight, the days of NIL being the “wild west” will fade. We are witnessing the beginning of a more structured, professional and IP-conscious era of college sports.
For questions or more information on this topic, please contact Ashley Long.
This shift toward transparency is not only about preventing abuse but also about protecting athletes themselves. It ensures they understand the terms of their contracts and, more importantly, it shows the growing recognition that college athletes are holders of valuable IP. For decades, the NCAA tightly controlled how players’ names, images and likenesses could be used in broadcasts, video games and merchandising. Now, licensing negotiations are likely to expand as players begin to realize their NIL is not just about social media endorsements or local sponsorships, but that it is also an asset that can be licensed to apparel companies, trading card brands or video game developers. We are already seeing the momentum in group licensing deals, particularly in football, where the return of the EA Sports’ College Football 25 game has reignited conversations about fair compensation for player likenesses.
Alongside this, IP education is becoming essential. Many athletes still enter contracts without realizing they are granting perpetual rights to their name, image and likeness. It is important that college athletes understand the importance of copyright and trademark rights and limit licenses to specific uses and timeframes. We will also see trademark filings by athletes on the rise, with more players seeking to protect their nicknames, logos and catchphrases. This season, it will be increasingly common to see athletes actively managing and protecting their personal brands.
Although athletes and their families may initially see these new compliance and disclosure requirements as unnecessary red tape, the bigger picture is positive. Scrutiny discourages bad actors, levels the playing field, and helps athletes maximize the value of their IP. Transparency also gives corporate sponsors confidence to invest in NIL, knowing deals are legitimate and enforceable. For schools, scrutiny reduces risk. Athletic departments can no longer turn a blind eye to collective activity and instead are now incentivized to create NIL infrastructures that are sustainable and legally sound.
The House settlement has not just changed the financial equation, but it has reframed the conversation around athletes as economic participants with legitimate property rights. This football season will be a preview of what is to come. As athletes become savvier about their rights and schools adapt to increased oversight, the days of NIL being the “wild west” will fade. We are witnessing the beginning of a more structured, professional and IP-conscious era of college sports.
For questions or more information on this topic, please contact Ashley Long.
