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Abstract

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild West.” This Article examines the current state of NIL and analyzes key legal challenges, including those that have been partially resolved and those that continue to evolve. It focuses on the House v. National Collegiate Athletic Ass’n (In re College Athlete NIL Litigation), No. 20-cv-03919 (N.D. Cal. filed June 15, 2020) (hereinafter “House” or “House settlement”), which will profoundly reshape college sports by introducing a “pay-for-play” revenue-sharing model. The full impact of these changes may not yet be realized, as the House settlement was still pending when this Article was first written and is now in the beginning phases of implementation. Moreover, this settlement is simply the next step in a line of possible changes that will continue to alter the world of college sports and athlete compensation. Prior to the approval of the House settlement in June 2025, there were numerous other pending legal challenges, and there will continue to be many others unresolved for the foreseeable future. These legal disputes and their subsequent resolutions will influence the future realignment of college sports, though the timeline and scope remain uncertain. This Article further explores potential alternatives to the House settlement, evaluates leading industry proposals, and predicts the legal challenges and consequences that may follow.

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