The entertainment industry is rapidly evolving, and your personal ability to profit from your Name, Image, and Likeness (NIL) is not limited to professional athletes. Talent, including models, influencers, musicians, actors, and other creatives have the ability to leverage their personal brand for financial gain—whether through endorsement deals, brand partnerships, sponsorships, or social media monetization.
While NIL offers incredible and expanding opportunities, legal pitfalls can threaten your financial future, reputation, and even control over your personal brand. New York’s Rodriques Law, PLLC specializes in entertainment law, including NIL rights, helping talent navigate licensing agreements and intellectual property protection in an effort to maximize their earnings, all while safeguarding their image and brand.
Name, Image, and Likeness (NIL) refers to an individual’s ability to control and profit from their personal brand based on publicity rights, contract law, and, in some cases, trademark law. This concept has long existed in entertainment and modeling, but recent legal and technological developments—especially in sports and AI-generated content—have pushed NIL rights into the mainstream conscience. NIL rights for athletes were historically restricted by the NCAA, and changes occurred due to court rulings (e.g., NCAA v. Alston, 2021) and state legislation. NIL rights for entertainers have existed under broader right-of-publicity laws, including New York Civil Rights Law.
For models, influencers, athletes, and entertainers, NIL rights impact:
Without proper legal guidance, creatives in New York City often sign away rights unknowingly, risking losing control over their voice, image, likeness, and future earning potential. New York does not have a specific NIL statute like some other states. Instead, the state protects NIL under its right of publicity law, which generally requires consent for the commercial use of one’s voice, name, image, or likeness, even if the person is deceased.
While college athletes have recently dominated the headlines, models, influencers, musicians, and actors have long struggled with contracts that restrict their ability to fully profit from their personal brand.
For fashion models, an improperly structured contract can lead to unauthorized use of photos or an inability to take on competing brand deals. Protecting your NIL in licensing agreements ensures that your image is not used beyond the agreed-upon terms or in ways that harm your personal brand.
Brands frequently collaborate with social media influencers for marketing campaigns. However, these deals often include restrictive clauses, hidden exclusivity terms, or vague compensation structures. Without proper legal review, influencers risk losing control over their content, failing to meet FTC compliance standards, or agreeing to unfair revenue-sharing terms.
For actors and musicians, image and likeness agreements appear in merchandising, licensing, and streaming deals. Without strong contract negotiation, you could lose royalties, control over how your image is used, or the ability to pursue other brand partnerships.
Navigating NIL agreements requires careful legal analysis to ensure fair compensation and full control over your personal brand. Some critical legal factors to consider include:
An attorney in New York City could help you understand important legal considerations for NIL in a contract.
If you are a model, influencer, entertainer, athlete, or content creator, your NIL rights matter more than ever. Without proper legal protection, you risk losing control over your personal brand and missing out on valuable earning opportunities.
At Rodriques Law, PLLC, extensive experience in business and entertainment law is our hallmark. We are aware of the rapidly evolving NIL and revenue-sharing space, including brand licensing. We understand the unique challenges faced by athletes, models, content creators, actors, and musicians and are dedicated to protecting your interests. We take a personalized approach to every case, providing the guidance and support you need to succeed both on and off the field. Take charge of your NIL rights—contact Rodriques Law today to learn more important facts about Name-Image-Likeness in New York City.
