What Athletes Need to Know: NIL and University Intellectual Property

A university’s intellectual property (IP) is something you should be aware of before establishing and marketing your brand. According to the American Association of University Professors, IP at colleges and universities refers to “the products of faculty, staff, and student research and scholarship.”  IP that may resonate most with athletes might include a school’s logo, a team jersey, a mascot, etc.

When it comes to schools allowing athletes to use their institutions IP, it seems like colleges and universities have different stances. Here are the two sides:

1. When a college allows students to use their IP. This might mean an athlete wearing a team jersey or using team facilities to promote a product or service. A potential problem here is that viewers may see this as the student and the university endorsing a business.

2. When a college does not allow students to use their IP. This might prevent an athlete from wearing team-branded clothes during autograph signings or partnering with the school’s mascot during NIL deals. This stance could limit an athletes’ earning potential, resulting in the athlete (their parents) opting for another school that won’t limit an athletes NIL earning potential.

So what does this mean for you, the athlete?

Here are two easy steps to take

1. Make sure you understand the IP and NIL policies of your school. Understanding their stance is a big part of your journey and capacity to earn income as an athlete.

2. Register trademarks to protect your brand: slogans, products, businesses, etc. This will help protect your business and help others see that you’re not an amateur when it comes to NIL and your brand.

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