NAME, IMAGE AND LIKENESS CLINIC
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W I T H A J U LY 1 EXECUTIVE ORDER from Gov. A n d y B e s h e a r, Kentucky studentathletes will now be able to earn money from endorsements that use their name, image or likeness.
In anticipation of this executive order, Brandeis Law added an NIL focus to its Entrepreneurship Law Clinic this fall. Founded in 2012, the clinic has historically provided law students with hands-on experience by partnering them with students enrolled in the Entrepreneurship MBA program at UofL’s College of Business. Over the years, the clinic has specialized in assisting students with things like articles of organization, operating agreements, opinions of counsel, independent contractor agreements and option agreements for technology. Now, the clinic will also assist UofL students, including student-athletes, as they encounter legal issues when setting up a brand and marketing that brand over social media. T h e c l i n i c i s r u n b y Wi l l Me t c a l f, w h o i s a l s o a s s o c i a t e v i c e p re s i d e n t f o r re s e a rc h development and partnerships in the Office of Research and Innovation. Beginning this fall, the Law School will also hire an intellectual property law expert as an adjunct professor to provide necessary training and assistance to clinic students as they work with their clients. B R A N DE IS B R IE F - 20
To emphasize the experiential learning aspect of the clinic, the clinic is run like the corporate department of a law firm, with weekly firm m e e t i n g s c ove r i n g a g re e m e n t s, a c c o u n t i n g, intellectual property (including NIL), ethics, FDA approval and other topics. Students also receive support from law school faculty and a number of local firms and meet with MBA professors to get an understanding of their clients’ ideation process. In addition, clinic students will have the opportunity to work with the other NIL entities on campus to improve their understanding of NIL issues and better represent their clients. While student-athletes may encompass a more visible proportion of UofL students seeking access to these types of services and resources, the NIL legal clinic and the Sport Administration NIL curriculum is not solely for athletes or Sport Administration students. All UofL students who may have NIL needs, including “influencers”, eSport athletes, budding fashion designers, or media content creators can all benefit from e n h a n c e d k n ow l e d g e a n d re s o u rc e s re l a t e d to NIL. Additionally, students seeking future employment in college athletics or service provider roles assisting college athletes with NIL opportunities can benefit from the educational services obtained through this initiative.
