5 Key Steps to Protect Your Name, Image, and Likeness Rights: A Guide for Aspiring Professionals

 

Protecting name, image, and likeness (NIL) rights has become increasingly crucial for aspiring professionals in sports such as the NCAA, entertainment, and other fields. As social media and new technologies transform the landscape, understanding how to control the use of your name, image, photo, and other aspects of your brand is vital.

 

Holon Law Partners has 100+ years of experience combined guiding clients through complex cases and legal intricacies. Our approach is empathetic, customized, and client-centered with a focus on you and your unique business needs. To schedule a consultation with us, call our team at  (866) 372-0726 or email us at: info@holonlaw.com.

Understand What Falls Under NIL Protection

This guide from Holon Law, a firm skilled in NIL issues, provides critical information all aspiring professionals need to know. Follow these essential steps to help safeguard your NIL rights and set your career up for long-term success.

 

Your name, image, likeness, and other personally identifying information are all typically protected under name, image, and likeness laws and rights. This includes:

 

• Your full name or variations of your name

• Image, photo, video footage, or illustrations of you

• Likeness or imitations of your identity

• Your voice, catchphrases, or verbal style

• Your autograph or signature

• Your athletic statistics or performance data

• Personal background information or biographical details

• Any content you create and publish on social media accounts

 

Understanding the breadth of what makes up your NIL is the first step toward adequately safeguarding it.

 

Become Familiar with Relevant NIL Laws

In most locations, aspects of an individual’s NIL are protected under various property rights, privacy rights, defamation, and intellectual property laws. Some essential NIL laws include:

 

Property Rights

These laws establish NIL rights as intellectual property owned wholly by the individual. Just like owning physical property, you have control over its use.

 

Privacy Rights

Privacy laws protect against the unauthorized use of personal facts and information. Using someone’s name, image, or details about their private life usually requires consent.

 

Defamation

Spreading false information about someone constitutes defamation if it damages their reputation or livelihood. This protects against incorrect or damaging NIL usage.

 

Intellectual Property

Trademarks, copyrights, patents, and publicity rights relate to ownership of your identity and creations. Familiarity with these IP rights is vital for NIL protection.

 

In addition to these broad areas, many states and countries have specific names, images, and likeness statutes on the books. Be sure to research what NIL laws apply to your location and profession.

 

Audit Your Existing Brand Presence

Before implementing proactive NIL protections, perform a complete audit of your current brand presence online and across various media formats. This includes:

 

• Searching your full name in search engines and social networks

• Looking for images, video, audio, quotes, or other NIL information online

• Checking trademarks, domain registrations, and social media handles related to your name or brand

• Reviewing existing contracts and documentation to catalog authorized NIL usage

• Identifying any unauthorized or inappropriate NIL usage happening currently

 

Conducting a thorough audit gives you a baseline understanding of how your NIL is already being publicly used (or misused). This better equips you to control your rights moving forward.

 

Register Key Trademarks and Domains

Once you understand your NIL landscape, take proactive steps to stake your claim over your brand. Two key areas to address are:

 

Trademarks

Federally registering trademarks associated with your name prevents others from legally using or profiting from your brand. Although you don’t have products, locking up trademarks early protects your future interests.

 

Typical trademarks NIL lawyer  might advise registering include:

 

• Your full name

• Abbreviations or nicknames

• Your performance name (like an author’s pen name or stage name)

• Catchphrases or iconic imagery associated with you

 

Domains

Registering key domain names related to you also establishes you as the controller of your NIL, particularly online. Yourname.com should be claimed even if unused currently. Also, consider defensive registrations like common misspellings of your name.

 

Owning relevant trademarks and domains prevents unauthorized usage and builds your personal branding power over the long run.

 

Set Up Proactive Monitoring & Protection

With your NIL audit complete and critical assets secured, the last step is establishing ongoing monitoring and protection to defend your rights. Helpful strategies include:

 

Google Alerts & Social Listening

Google alerts provide notifications whenever your name or related keywords appear online. Social listening tools monitor platforms like Instagram, Twitter, and YouTube. Both allow early detection of unauthorized usage.

Digital Millennium Copyright Act (DMCA) Take Downs

If your copyrighted material appears illegally online, issuing DMCA takedown notices can remove this content promptly per digital copyright laws. NIL sport lawyers can assist with this.

Legal Action

Should unauthorized usage cause provable harm to your earnings or reputation, legal action may be warranted. Lawyers can issue cease and desist letters or take court action seeking damages.

 

Staying continually vigilant allows you to respond quickly to infringements and defend your NIL rights over the long term.

Frequently Asked Questions About Protecting NIL Rights

1. Do I Need To Worry About Protecting My Nil Rights When First Starting?

Yes! Even lesser-known aspiring professionals have valuable name, image, and likeness rights worth safeguarding. It’s wise to put protections before your brand gains significant value. Allowing unauthorized usage early on can undermine future earnings.

 

2. Do I Have To Register Every Social Media Account, Website, And Variation Of My Name?

While covering every potential usage scenario is impossible, you should register key domains, especially yourname.com, common misspellings, and social media handles matching your real name. Trademarks provide additional coverage as well.

 

3. What Type Of Lawyer Handles NIL Legal Issues And Disputes?

Issues related to unauthorized usage of name, image, and likeness fall under an area known as publicity rights law. Lawyers focusing on defamation, copyright, and trademark law also often assist. NIL attorneys concentrating specifically in this field are ideal.

4. What Happens If I Let Someone Else Use My NIL Without Proper Permissions In Place?

Letting others use your name, image, creative work, or other identifiable aspects of your brand without contracts opens up significant legal and financial risks. You may forfeit future earnings or lose control over how others profit from your NIL.

5. Isn’t Consulting Lawyers And Taking Legal Action Over NIL Infringements Expensive?

Protecting your name, image, and likeness is an investment in your future brand value and earning potential. Preventative legal services upfront can stem far more expensive damages down the road. Many NIL lawyers offer free consultations as well.

Conclusion

Your brand and the inherent value of your name, image, photos, and other identifying attributes deserve protection, even early on. Follow these proactive steps:

 

• Understand what your full NIL encompasses

• Research relevant laws where you live and work

• Conduct an audit of current brand usage

• Secure trademarks and domains associated with your name

• Set up ongoing monitoring and protection against infringement

 

Controlling your NIL today paves the way toward safely monetizing your brand over the long run while allowing you to profit from your skills, talents, and future achievements more fully. Contact a qualified NIL lawyer  for personalized guidance safeguarding your rights.

 

Holon Law Partners has 100+ years of experience combined guiding clients through complex cases and legal intricacies. Our approach is empathetic, customized, and client-centered with a focus on you and your unique business needs. To schedule a consultation with us, call our team at  (866) 372-0726 or email us at: info@holonlaw.com.