Intellectual Property Blog

How Athletes Can Protect Their NIL Online

A Practical Guide to Monitoring, Enforcement, and Brand Protection

For today’s athletes, visibility is both an opportunity and a risk. The same platforms that help build a personal brand also make it easy for others to misuse an athlete’s name, image, or likeness for their own gain. Many student‑athletes experience this when they stumble across a fake merch page, an impersonation account, or a video ad using their image without permission.

To respond effectively and quickly athletes need a structured notice‑and‑takedown strategy. Before diving into enforcement, it’s helpful to understand what NIL actually is and why the law treats it differently from other forms of intellectual property.

What NIL Is And Why It Matters for Student-Athletes

According to the U.S. Patent and Trademark Office (USPTO), a person’s Name, Image, and Likeness (NIL) includes “an individual’s name, image, voice, signature, and other personal identifiers” used to identify that person. See “NIL Basics: What every student-athlete should know,” United States Patent and Trademark  Office. NIL can be portrayed through pictures, videos, recordings, written signatures, and similar media.

Historically, NCAA rules prohibited student‑athletes from commercializing their NIL. But with the NCAA’s change in policy, most student-athletes can now monetize their NIL in exchange for compensation, for  example, by appearing in ads for sports apparel, food brands, or local businesses. However, with new economic opportunities comes a sharp rise in misuse, especially online.

Why Unauthorized NIL Use Happens So Often

Student‑athletes are uniquely vulnerable to misuse. Their images are widely shared, their fan bases are active and fast‑moving, and many are just beginning to build a brand‑protection framework.

As a result, athletes regularly encounter fake endorsement ads, impersonation accounts, AI‑generated   content that suggests false conduct or endorsements, unlicensed jerseys, posters, or merchandise, or highlight videos reposted for someone else’s ad revenue

These uses typically violate state NIL laws, which generally prohibit the commercial use of a person’s NIL without permission. Many states have explicit personality-rights statutes that protect student-athletes. Universities also often have their own NIL policies. See id.

Step One: Monitor Your Online Presence

Most successful enforcement starts with simple awareness.

A practical monitoring plan involves:

1. 1. Regular checks of social media, YouTube, marketplaces, and AI-image sites.
2. 2. Spot-check for impersonation accounts or suspicious ads.

Early detection prevents a small misuse from becoming viral and causing reputational damage or interfering with current NIL contracts.

Step Two: Use Targeted Takedown Requests

Once you identify unauthorized use, the next step is sending a clear, specific takedown notice. A strong notice includes:

• Identification of the athlete
• A description of the misuse
• Specific URLs, screenshots, timestamps
• The legal or policy basis for removal
• A request for immediate takedown

If copyrighted content is being misused, such as a licensed photo, video, or graphic, then a DMCA takedown notice often triggers the fastest response. For pure NIL misuse (no copyright), a rights-of-publicity‑based notice or an impersonation report is usually effective.

However, before sending a notice, it’s helpful to locate and review the platform’s specific reporting and takedown procedures, which can vary significantly. Most major platforms maintain a “Help,” “Safety,” “Legal,” or “Report” section where they outline their policies for copyright, trademark, impersonation, and rights‑of‑publicity complaints. These pages often explain what evidence they require, how to submit  notices, and what timelines to expect. For example, some platforms rely on formal legal‑style webforms, while others use in‑app reporting tools or offer special portals for verified users or rights holders. Because these systems are not standardized, one platform may prioritize copyright‑based DMCA claims, another may have a fast‑track impersonation review team, and another may require identity verification before processing NIL‑related complaints. Spending a few minutes locating and understanding each platform’s procedures helps ensure your notice matches their requirements and increases the likelihood of fast action.

Step Three: Track Repeat Misuse

Infringers often re-upload content or create new accounts, so athletes benefit from tracking recurring sellers or posters, which platforms respond quickly, and how harmful or misleading each incident is. This tracking also builds a record that becomes valuable if escalation is needed.

Step Four: Escalate When Necessary

If a platform ignores a notice, or if the misuse is harmful or persistent, athletes can escalate through cease-and-desist letters, platform‑level escalation (especially for verified athletes), law enforcement reports in cases of fraud or identity theft, civil litigation for egregious or commercial exploitation. Documentation from earlier steps strengthens these options.

Step Five: Build Preventative NIL Protections

Student-athletes typically commercialize NIL through written agreements that define compensation, approved uses, geographic scope, time periods, and responsibilities. Because these agreements legally bind the athlete, McBrayer recommends consulting its experienced intellectual property team before entering into such an agreement.

Student‑athletes can also strengthen protections by:

• Registering trademarks for names, nicknames, logos, or slogans
• Registering copyrights for personal content
• Maintaining verified social media accounts
• Publishing brand‑usage guidelines
• Ensuring NIL contracts clearly define authorized uses

Conclusion: Stay in Control of Your NIL

NIL is a powerful economic tool for student‑athletes, but it also makes them targets for unauthorized commercial use. A notice‑and‑takedown strategy helps athletes stay in control: knowing what’s out there, acting quickly when misuse appears, tracking repeat offenders, escalating when necessary, and using preventative measures to reduce future issues.

When your NIL is misused, knowing what to do makes the difference. Our team can help you identify unauthorized use, take it down quickly, and put protections in place to prevent it from happening again.

Katherine Moore Donnelly is an Associate of McBrayer PLLC, practicing in the firm's Lexington office. Her law practice primarily focuses on intellectual property, DMCA Agent Services, and transactional matters. Ms. Donnelly can be reached at kdonnelly@mcbrayerfirm.com or (859) 231-8780.

Services may be performed by others. This article does not constitute legal advice.