In this article, we will unpack the legal landscape of NIL, explore your rights, and chart a clear path forward. Because you are not just building a career. You are building a legacy. And it starts with understanding the power of your own name. Whether you are a lawyer advising up-and-coming talent, an agent navigating this new territory, or an athlete wondering how to take control of your name, image, and likeness, this guide is for you.
Table of Contents
Introduction: The tweet that changed everything
Do you remember when, a few years ago, a single tweet sparked a flurry of headlines across the United States? It came from the agent of Bryce Young, the University of Alabama’s quarterback. The tweet read:
“$800,000+ in NIL deals. And we have not even reached week one.”
Okay, you would not know this if you are not an American football fan. If you do not know, then this is an interesting piece of information for you.
So why did this get attention?
Let us think about it. The college football season had not even started, and yet a twenty-year-old student-athlete had already turned his personal brand into gold. Hard to believe, is it not?
So what does it mean to “monetise your brand”?
It means getting paid for the use of your name, image, and likeness, which is referred to together as NIL. These deals are not just pocket money. They rival professional endorsement contracts. In that moment, sports law in the United States entered an entirely new era.
And here is the kicker: until recently, student-athletes were banned from making a single penny off their fame. Under the National Collegiate Athletic Association (NCAA)’s strict amateurism rules, they were expected to play for passion alone.
I believe that this watershed moment was not merely a cultural shift. It was a legal and regulatory turning point. Thousands of college athletes suddenly had a path to becoming brand ambassadors, social media influencers, and even entrepreneurs. All while remaining amateurs in the eyes of their colleges and sporting bodies.
Now, let us bring this closer to home. In India, the journey of athlete branding has followed a different path. But it carries the same powerful message.
Consider the meteoric rise of Virat Kohli. Not just as a cricketer, but as a brand in itself.. Kohli was one of the first Indian athletes to systematically monetise his persona. Of course, India had its fair share of great cricket players, but their prime was not during the team of social media.
Virat Kohli became a brand by doing a lot of things all at once. From launching fashion labels to fitness ventures to endorsements worth hundreds of crores. Kohli showed every Indian athlete that you can be more than a player. You can kind of become a commercial powerhouse.
Today, with the rise of social media and influencer culture, athletes are no longer just sportspeople. You are a content creator. You are a public figure. You are a walking trademark.
But let me ask you this, when Kohli started, do you think he had a massive legal and marketing team behind him? Not likely. The digital media boom changed the game. And the global conversation now recognises a fundamental truth, which is that you do not have to be a professional to own your brand. Even college athletes and amateurs have the right to control and commercialise their identity.
So, how do you do that? Keep reading!
The legal landscape of NIL in India and beyond
Do you remember when Sakshi Malik, India’s Olympic medallist wrestler, appeared in an advertisement campaign for a multinational beverage company? The public reception was overwhelmingly positive. But what you would not have seen is the legal foundation for that endorsement. The right to commercialise one’s own image was not derived from a specific statute. Instead, it relied upon a patchwork of judicial precedents, intellectual property doctrines, and personality rights that continue to evolve in the Indian legal system.
A. Name, image, and likeness in Indian law
So, currently, India does not have a standalone legal framework governing NIL rights. But if we take other jurisdictions jurisdictions such as the United States, they have a set policy in place. The NCAA and various state legislations have formalised NIL structures for college athletes, the Indian approach is far more fragmented.
Yes, at the very core of NIL protection in India lies the concept of the right to publicity. This has been judicially recognised as part of the right to privacy under Article 21 of the Constitution of India. The landmark case of ICC Development (International) Ltd. v. Arvee Enterprises and Anr. (2003) 26 PTC 245 (Del) laid the foundation for recognising personality rights as an aspect of privacy.
In this case, the Delhi High Court observed that the right to control the commercial use of one’s identity is a necessary facet of the right to privacy. Especially in the context of famous athletes or celebrities.
Also, Indian courts have also leaned on the tort of passing off to offer protection against unauthorised exploitation of an individual’s likeness. You might recall the Titan Industries Ltd. v. M/s. Ramkumar Jeweller, 2012 case. The Delhi High Court made it clear that using a person’s likeness for commercial gain without their permission is a violation of their publicity rights. In that case, the court pulled up the defendants for using photos of Bollywood actors to promote jewellery, without any consent.
Now, here is the problem. Let us say you are an athlete in India. Especially one training in a government-run or university programme. Now you are probably not sure whether you can do a brand deal without risking your place on the team. That uncertainty should not exist in the first place. And yet, it does.
Unlike the NCAA’s NIL policy in the United States, we do not yet have a formal system in India that tells student-athletes: “Yes, you can work with brands and still play for your university.” That silence creates risk. And not just for student-athletes.
Even professional athletes in India face the same problem. Most sports federations still do not have clear NIL policies. While some federations, like the BCCI, have endorsement guidelines, there is still a lack of comprehensive NIL frameworks.
So if you are navigating a digital campaign or a social media partnership, or even a brand endorsement, you are often left to figure things out on your own. Without regulatory clarity, the chances of getting into tricky territory, legally and contractually, are far too high.
B. International trends and their influence
Let us take a look at it globally.
The NIL revolution was catalysed in the United States following the Supreme Court’s 2021 decision in NCAA v. Alston. But why so? Because the case questioned the legitimacy of the NCAA’s amateurism rules under antitrust law.
Now, you must be wondering what these rules were?
For decades now, the NCAA has maintained strict regulations that defined college athletes as amateurs. Meaning they could not be paid beyond scholarships covering tuition, room, board, and limited stipends. They also could not receive compensation for endorsements, autographs, social media promotions, or personal appearances. And to top this, they could lose eligibility for accepting even minor gifts, like free meals or gear, from third parties. A little extreme.
These rules were intended to preserve the “amateur” nature of college sports and distinguish student-athletes from professionals.
But in the wake of this decision, the NCAA issued interim guidance allowing student-athletes to profit from their NIL, subject to state laws. So essentially, the young athletes got a green light from the Supreme Court, wherein they could make money from their name.
States such as California (with the Fair Pay to Play Act) and Florida enacted detailed NIL legislation. This empowered athletes to enter into sponsorships and social media deals. Provided that such arrangements do not conflict with institutional contracts. These laws have had a ripple effect. Schools now have NIL compliance officers, and athletes retain marketing agents and IP lawyers to handle NIL portfolios.
In Europe, NIL is not as prominently regulated in the amateur space. But professional footballers and tennis players actually do sometimes register trademarks of their names (e.g., “CR7” by Cristiano Ronaldo or “Roger Federer” stylised logos). These registrations are often used to structure licensing deals and merchandising arrangements.
Now, coming back to India, I would say that India is observing these developments closely. This is because Indian Premier League (IPL) franchises, Pro Kabaddi teams, and Indian Super League (ISL) clubs actually invest quite a bit in youth academies. And because of this, there is an increasing likelihood that formal NIL frameworks will emerge. Already, brands seek endorsement opportunities with under-18 cricketers or Olympians post-trials, raising critical questions around consent, capacity, and long-term IP control.
C. The need for clarity and codification
Yes, we already went over the fact that there is no clarity. But if you are an athlete, lawyer, or part of a sports federation in India, you have probably noticed the glaring gap much before this discussion. There is still no clear legal framework for name, image, and likeness (NIL) rights. That is not just a bureaucratic oversight, it is both a challenge and a huge opportunity.
Especially for amateur and university-level athletes, the need to recognise and protect NIL rights has never been more urgent. Without clear rules, young athletes, often from rural or under-resourced backgrounds, face a real risk of signing away their commercial rights without even realising it.
As legal professionals, we ca o’t afford to wait for legislation to catch up. You need to build strong contracts by creatively applying existing tools such as intellectual property laws, tort remedies, and constitutional protections. Meanwhile, if you are part of a sports federation or university, you should maybe start developing your own NIL guidelines. These things could lead to striking a balance between enabling athletes to pursue commercial opportunities and preserving the educational and developmental goals of your institution, which is the ultimate aim.
Core legal issues and considerations in NIL agreements
The Indian sports ecosystem is undergoing a rapid commercial transformation. You might have noticed it already. Take IPL for example, it is become very commercialised because of the fans it has garnered over the years. But even outside of IPL, cricket continues to dominate this space of commercialisation.
But other sports also such as kabaddi, football, athletics, badminton, etc, have seen a steady rise in sponsorship, media coverage, and athlete-driven content. So, amidst this growth, NIL agreements are becoming more and more common. And this can especially be seen for athletes with a strong social media presence or early sporting success. However, entering into NIL deals without legal clarity can lead to exploitation. It can result in conflicting obligations or long-term loss of control over personal brand value.
A. Understanding the structure of an NIL agreement
At its core, a NIL agreement is just a licensing contract. The athlete licenses their name, image, likeness, voice, or other aspects of their persona to a brand, media platform, or third party for specified purposes. Third party here can be advertising, digital content, merchandising, or event appearances.
A standard NIL agreement in India typically includes the following elements:
- Parties and definitions
This is the most basic one, but important. When it comes to parties, clearly define the athlete and the licensee.
Definitions are also important. You also need to include definitions for “NIL rights”, “licensed territory”, “media channels”, etc.
- Grant of rights
Make sure that the agreements state whether the grant is exclusive or non-exclusive. The scope of use also should be mentioned, for e.g., social media promotion, print campaigns, product packaging, etc.
- Term and territory
Under this, you will need to mention the duration of the agreement and the geographical scope. Clauses for renewal or early terminatio should laso be covered so that there is no confusion between the parties.
- Compensation and royalties
What type of fee would the player prefer? There is fixed fee, performance-based payments, or profit-sharing models. This should be clearly mentioned in the contract and how and when the payment will be made can also be included for a better understanding.
Do not forget to cover GST and income tax obligations under Indian law.
- Moral rights and image integrity
Moral rights essentially protect the image of the athletes. That is why this clause becomes important. Because of this, you need to include clauses to prevent reputational damage to the athlete.
Also, include prior approval for content featuring the athlete’s NIL.
- Exclusivity and conflicts
Here, clauses restricting endorsements for rival brands will be covered. You also need to check if provisions to ensure compliance with club, federation, or university contracts are included.
- Termination and dispute resolution
A termination clause is a must. Players can be terminated for breach, morality violations, or reputational harm. At the same time, there can be disagreements between the parties and hence dispute resolution mechanism, preferably arbitration under Indian law, should be mentioned in the contract.
B. Intellectual property and the personal brand
In the absence of specific NIL legislation, athletes in India must rely on intellectual property rights to protect their persona. This includes trademark registration of their name, nickname, logo, or tagline. For example, if you are an emerging boxer and your name is Lakshmi, you may register “Lightning Lakshmi” as a wordmark and logo to secure merchandising rights. The name sounds silly, I know, but you can totally come up with something cooler.
To know more about trademarks, click here.
Copyright protection for original creative content. To know more, check this.
Also, cover personality rights. There are recognised through common law principles and judicial precedents (e.g., ICC Development case).
Lawyers must proactively advise athletes to secure trademarks and monitor misuse or unauthorised endorsements by third parties.
C. Taxation, contracts with minors, and financial disclosures
NIL earnings are subject to taxation under the Income Tax Act, 1961. Note that young athletes, particularly those under 18, may require contracts to be signed by guardians. This should be done with appropriate provisions for financial planning and fiduciary oversight.
Additionally, athletes participating in state or university teams may be required to disclose their NIL arrangements. This should be done to ensure they do not conflict with institutional obligations or breach government service codes. For instance, athletes employed by public sector units (e.g., Railways, ONGC) must follow service rules restricting commercial engagements without prior approval.
D. Avoiding predatory contracts and long-term exploitation
In several developing countries, young athletes, especially from rural or economically marginalised backgrounds, have entered into long-term NIL or talent agreements without proper legal advice. Some of these contracts contain things like lifetime rights clauses. This will lead to effectively stripping the athlete of control over their image beyond the original scope. There can also be unfair revenue-sharing terms, favouring agents or companies with little transparency. And another red flag is lack of termination rights, locking the athlete into inflexible and commercially unreasonable deals.
To prevent such exploitation, you, as a legal professional, must prioritise transparency, clear consent, and equitable terms. Federations and academic institutions should also consider offering pro bono legal clinics or template agreements vetted by sports law experts.
E. Safeguarding the future: reputation and compliance
Remember that an NIL deal is not merely a financial transaction. It fully shapes an athlete’s public identity. You, as a lawyer, must ensure that agreements include clauses protecting the athlete from association with inappropriate, unethical, or controversial content. Moreover, you need to make sure that contractual obligations do not interfere with training, education, or participation in sanctioned competitions.
Given the proliferation of influencer marketing and sports-adjacent brands (e.g., crypto exchanges, gambling apps, fast fashion, etc), it is very crucial to review compliance with advertising standards. Also, you need to ensure compliance with the Ministry of Consumer Affairs guidelines and rules issued by platforms such as the Advertising Standards Council of India (ASCI).
By now, you would have understood that this layered legal environment requires careful navigation. NIL is not simply a matter of allowing athletes to post sponsored content on Instagram. It is a complex interplay of contract law, intellectual property, employment restrictions, and reputational risk. For lawyers and agents, the mandate is to combine legal rigour with athlete advocacy.
Role of lawyers and agents in NIL deals
The world of endorsements and sports marketing can seem glamorous. And maybe it is. But while we are wrapped up in that glamour, we are quick to forget that behind every successful NIL arrangement stands a team of professionals, particularly lawyers and agents, working to protect the athlete’s interests.
In India, where the legal and regulatory scaffolding for NIL is still evolving, this role is so much more critical. A well-negotiated NIL deal maximises financial returns, and that is your goal. And of course, it also shields the athlete from reputational risk, legal liabilities, and long-term exploitation.
Let us understand some more of this.
A. Understanding the difference: Agent vs. lawyer
The roles of an agent and a lawyer are distinct, though they often intersect in NIL deals.
So, agents negotiate brand collaborations. They will identify commercial opportunities and handle day-to-day dealings with sponsors.
In India, sports agents are not uniformly licensed for NIL activities. The BCCI’s “Player Agent Regulations” (2011) govern cricket agents for professional contracts, but NIL-specific agent licensing is absent. AIFF has guidelines for intermediaries (FIFA-aligned), but these are not NIL-focused.
On the other hand, if you are a lawyer, you are responsible for ensuring that all agreements comply with applicable laws. You will need to check if everything accurately reflects the athlete’s consent and does not conflict with institutional obligations. You will also have to draft, review, and revise contracts with an eye on long-term rights and obligations.
In NIL arrangements, you must work in tandem with the agents to balance commercial strategy with legal integrity.
B. Legal representation is not optional; it is essential
For most athletes, especially young or first-generation sportspersons, NIL can be uncharted territory. Many are unaware of clauses that could, for example, assign perpetual rights to a sponsor, even after the agreement ends. Perpetual rights to a sponsor mean there is no end. And this will cause problems for the athletes. There could also be clauses that prevent future endorsements with competitors.
Clauses that tie the athlete to unfavourable revenue-sharing models. It may also require the athlete to promote products that conflict with their personal or community values, which is a huge problem.
You must therefore act as both protectors and educators. It becomes your responsibility to explain, in clear and localised terms, what each clause means, not merely from a contractual perspective, but in terms of its real-world impact on the athlete’s autonomy and future.
C. Drafting with foresight: what a good lawyer looks for
When you are involved in NIL, you will be dealing with reviewing agreements holistically. This means going beyond legal boilerplate to assess commercial logic, ethics, and enforceability.
Key areas of review include:
- Clarity of scope: You need to check what exactly the athlete is permitting the brand to use, only the name and photo, or also voice, signature, and on-field footage?
- Duration and reversibility: Make sure if the rights are time-limited, and if the athletes can terminate in case of reputation risk or legal controversy.
- Jurisdiction and governing law: What about the enforceability? Is the contract enforceable under Indian law? Are dispute resolution mechanisms appropriate and affordable for the athlete?
- Right to audit and transparency: Here, will the athlete be given records of revenues, impressions, or performance metrics tied to their NIL use?
- Brand fit and social impact: Is the athlete being asked to endorse alcohol, fast loans, or politically sensitive messages?
D. The compliance angle: what institutions and federations must do
As Indian universities begin to develop competitive sports programmes, and as the Indian Olympic Association (IOA) and other federations take NIL more seriously, there is a growing need for institutional compliance frameworks.
Lawyers advising such institutions must help draft:
- NIL policies for student-athletes, balancing endorsement freedom with academic and team obligations;
- Template contracts with clauses on transparency, conflicts of interest, and ethical endorsement boundaries;
- Disclosure protocols require athletes to inform institutions about NIL arrangements, particularly when public funding or scholarships are involved.
E. Building legal capacity: the future of sports law in india
For the Indian legal community, NIL offers an emerging frontier. Sports lawyers, IP specialists, and contract lawyers have the opportunity to shape a new domain of practice, one that combines business acumen, digital rights expertise, and athlete welfare.
Law schools can play a role, too. Through clinical courses, sports law electives, and internships with sports agencies or federations, future lawyers can gain early exposure to NIL practice.
The future demands lawyers who do not merely draft clean contracts, but who understand what is at stake when a nineteen-year-old sprinter from Haryana is offered a five-year exclusivity clause by a national sportswear brand. It demands lawyers who ask: is this contract fair, not just legal?
Towards a formal NIL policy in India
So, despite the growing number of NIL deals being negotiated across India, especially in cricket, football, kabaddi, and athletics, the regulatory landscape remains fragmented. We already saw that, unlike the United States, where the NCAA has issued interim NIL guidelines and several states have passed specific NIL laws, India has no centralised legal framework that recognises or regulates NIL rights for athletes, whether professional, amateur, or student-level.
But why is a formal NIL policy necessary in India? And what principles such a policy must reflect, and which institutions are best placed to shape it?
Let us take a look.
A. Why India needs an NIL framework
India’s demographic advantage means that it is home to one of the largest youth athlete populations in the world. Thousands of athletes receive scholarships, participate in university leagues, or train in government academies. They train in places like the Sports Authority of India (SAI) and Khelo India. Many already have social media followings, regional brand recognition, or digital content that holds commercial value.
And India loves sports too. We are really interested in the arena, but at the same time, we fail to give importance to sports. But this will come at a disadvantage.
Without a clear NIL policy, risks such as unregulated exploitation or conflicts with government service rules emerge.
Unregulated exploitation can be a scenario wherein unscrupulous agents or brands may extract long-term rights from athletes without fair compensation. Conflict can arise of athletes employed by public bodies (e.g., Indian Railways, ONGC, Customs) may breach service conduct rules by entering commercial contracts.
There can be ambiguity in university settings. Student-athletes may be suspended or penalised for undertaking NIL deals without institutional consent.
Loss of personal control should not happen. Young athletes may unknowingly assign away their names, images, or digital presence to brands without reversibility.
A formal NIL policy would help resolve these tensions by providing a uniform set of rules, templates, and safeguards.
B. Who should lead the policy process?
The responsibility for framing an NIL framework should ideally be collaborative. A central policy must be drafted by one or more of the following entities:
- Ministry of Youth Affairs and Sports: This should be done to establish the national standard and ensure alignment with Olympic and international norms.
- University Grants Commission (UGC): Here, it becomes important to issue NIL guidelines for college and university athletes, particularly those receiving sports quotas or scholarships.
- National Sports Federations (NSFs): This is to include NIL provisions in player contracts, code of conduct documents, and endorsement clearance processes.
- Advertising Standards Council of India (ASCI): This to issue specific NIL advertising guidelines, similar to influencer rules already in place.
India may also consider creating an independent Athletes’ NIL Board, tasked with registration, certification of NIL deals, dispute resolution, and policy updates.
C. What should the policy include?
A national NIL policy in India must be comprehensive and inclusive. At a minimum, it should address:
- Recognition of NIL rights
This means that statutory acknowledgement that athletes, including minors, have protectable rights in their name, image, and likeness.
- Permissible NIL activities
There should be a list of acceptable NIL uses (e.g., endorsements, digital content, merchandising), with special considerations for athletes in government service or public universities.
- Registration and transparency
This is a must. Optional or mandatory registration of NIL agreements with federations or educational institutions, to ensure compliance and fairness.
- Restrictions and exclusions
Restrictions need to be included. Prohibited categories (e.g., gambling, tobacco, political campaigns) and limits on brand partnerships that conflict with sports ethics.
- Safeguards for minor athletes
Requirements for guardian oversight, financial literacy training, and approval mechanisms for athletes under 18.
- Dispute resolution
This means a low-cost, athlete-friendly mechanism to resolve NIL disputes, separate from regular contract litigation.
D. Looking outward: comparative examples
Let me show you how other countries are handling the NIL revolution. Maybe you might find a few ideas worth borrowing, or at least worth knowing.
In the United States, things are moving fast. We already went over this a little bit. But there is more. Several states have already passed NIL laws for both high school and college athletes. Universities now go beyond the classroom, which is always exciting.
They offer legal support, conduct workshops, and teach athletes how to protect and profit from their brand. Imagine being eighteen years old and learning how to negotiate an endorsement deal; that is the new normal, and will be super helpful to the young athletes.
Over in Brazil, a different model is emerging. Professional footballers there now actually have the legal right to license their image rights separately from their club contracts. That means a player can earn from two streams at once. Club salary and personal branding. This dual-revenue model is clever and gives athletes more freedom in their space.
Then there is Australia. Athletes there are using personal trusts and companies to hold their image rights. Why? It gives them better tax efficiency and long-term control. You are not just playing for today; you are building something sustainable.
So, where does India stand?
We do not need to copy these systems word for word. But we can learn. We can adapt. When the bigger countries are doing something about it, then it will travel to India as well.
We have our own unique setup, federal structure, a rich mix of sports, and a wide range of economic backgrounds among athletes. But if we want to protect and elevate our sporting talent, then we need to think ahead.
E. The road ahead
The NIL era is not coming to India. It is already here.
And that changes everything.
What we need now is not hesitation, it is action. A formal NIL policy is not just a legal checkbox or bureaucratic exercise. It is something much bigger. It is a commitment to dignity, autonomy, and protection, especially for athletes from rural and marginalised backgrounds who are most vulnerable to exploitation.
You might win medals. You might land sponsorships. But without control over your personal brand, you are leaving value on the table. And sometimes, opening the door to a risk you did not sign up for. And there are the things athletes should be aware of. If and when they get in trouble outside of sports, it is going to be a problem because branding should not interfere with their main profession.
So, by acting today, we have a rare opportunity. India can lead the Global South in how we respect and empower our athletes, not just on the field, but off it too.
And whether you are a lawyer, a coach, a policymaker, or an athlete, you are part of this conversation. And the choices you make today will shape how athletes thrive tomorrow. So do make some good ones!
Conclusion: Reclaiming the athlete’s voice in Indian sports
Do you remember when Neeraj Chopra held up the gold medal at the Tokyo Olympics? Millions cheered. Brands scrambled. Endorsements flooded in. But beneath the euphoria lies a harder question: how many young athletes in India, like Neeraj once was, are prepared to negotiate the price of their own name?
The rise of NIL is not just a legal or commercial phenomenon. It is a cultural shift, an opportunity to recognise athletes not merely as representatives of institutions, sponsors, or federations, but as individuals with agency, voice, and rights. It is about acknowledging that every sprinter, chess prodigy, or kabaddi player has a story, and that their image, whether on a billboard, Instagram reel, or e-sports avatar, has value that belongs first and foremost to them.
For far too long, Indian sport has been dominated by opaque systems where selection lacked transparency, contracts were skewed in favour of sponsors, and athletes from small towns were expected to simply be grateful for a jersey. NIL, if done right, can change that. It can allow athletes to assert their identity, fund their training, support their families, and, most importantly, walk away from exploitative deals with their heads held high.
But for that, we need more than commercial interest. We need a legal ecosystem that protects, educates, and empowers. We need lawyers who will ask the right questions, agents who will respect boundaries, institutions that will set clear policies, and a government that will legislate with foresight.
Ultimately, NIL is not about likes, logos, or licensing. It is about justice. It is about making sure that the boy from Bhiwani or the girl from Aizawl does not just run the race but owns the rights to their finish line.
FAQs
- What exactly are NIL rights?
NIL stands for Name, Image, and Likeness. These rights allow an individual, such as an athlete, to control how their identity is used for commercial purposes. This includes their name, photograph, voice, signature, social media handle, or any representation of them that has brand or media value.
- Are NIL rights protected under Indian law?
There is no dedicated NIL law in India. However, a combination of privacy rights (Article 21 of the Constitution), personality rights, copyright law, and the tort of passing off can offer limited protection. Courts have upheld an individual’s right to control the commercial use of their identity, particularly in celebrity and sports-related cases.
- Can school or college athletes in India monetise their NIL?
Currently, there are no express regulations allowing or prohibiting this. Most institutions lack formal policies. Athletes should check their contracts or admission terms with sports academies, universities, or federations. In the absence of such policies, athletes may theoretically monetise their NIL, but caution is advised.
- Do athletes need a lawyer to sign NIL agreements?
Yes. NIL agreements can contain restrictive clauses, including long-term assignments, exclusivity, or revenue caps. Young athletes, in particular, must have such documents reviewed by legal counsel or a trusted advisor to ensure fairness and compliance with existing rights.
- How can parents protect their under-18 athlete’s NIL?
Parents or legal guardians must co-sign any NIL agreement on behalf of a minor. They must ensure that the terms are age-appropriate, ethical, and do not exploit the athlete’s identity. Consent should be documented for each specific use of the NIL.
- What are the risks of NIL exploitation in India?
Without regulation, young athletes may be pressured into signing away rights for minimal compensation, or their image may be misused without consent. Some may unknowingly waive rights permanently or sign conflicting deals. Education and legal guidance are critical safeguards.
- Are there any Indian organisations working on the NIL policy?
At present, there is no central NIL regulatory body in India. However, federations like the Indian Olympic Association (IOA) or the Sports Authority of India (SAI) may issue internal codes in the future. Some universities and private leagues have also begun informal discussions.
- How does India compare with the United States on NIL?
The United States has seen a major shift post-2021, with student-athletes now allowed to monetise their NIL across all NCAA divisions. Several states have passed NIL-specific laws. India is still at a nascent stage, with fragmented legal tools and no formal policy.
- Can NIL be transferred or sold permanently?
Technically, athletes can assign or license their NIL rights through a contract. However, permanent assignment is discouraged, especially for minors or rising athletes. Licensing, with limits on time and scope, is safer and more equitable.
- What should be included in a standard NIL agreement?
A good NIL agreement should include a clear definition of what NIL elements are being used, the purpose, scope, and duration of the licence and compensation and payment terms.
It should also have approval rights over content, termination and dispute resolution clauses and compliance with advertising standards and privacy norms.