NIL Litigation in Florida: Protecting Athletes’ Name, Image, and Likeness Rights

NIL and the Rise of Litigation

In recent years, NIL deals in Florida have transformed college sports, empowering athletes to profit from their name, image, and likeness. But this new era has also brought legal disputes. Athletes, schools, agents, and businesses must now navigate complex litigation risks ranging from unauthorized use of likeness to breach of NIL contracts .

At our law firm, we represent clients in NIL litigation and disputes—protecting athletes’ rights while ensuring fair enforcement of Florida law.

Understanding Florida NIL Laws

Florida Statute § 1006.74 guarantees athletes the right to profit from their name, image, and likeness while protecting them from unauthorized exploitation .

Key provisions include:

Athletes must have equal opportunity to control NIL rights.
Universities must provide financial literacy and life skills workshops before graduation .
The law shields coaches and institutions from liability for routine athletic decisions that affect NIL opportunities.

These laws establish a framework for fairness, but unclear contracts or violations of rights often spark disputes.

When NIL Litigation Arises

Common NIL-related disputes include:

1. Breach of Contract

Athletes sue when companies fail to honor endorsement agreements or sponsorship contracts.

2. Unauthorized Use of Likeness

Florida law allows athletes to bring right of publicity claims when others use their image, name, or voice without consent.

3. Agent Misconduct

Florida requires athlete agents to be licensed. Failure to comply can lead to litigation against agents and companies .

4. AI and NIL Misuse

AI-generated impersonations raise new risks by replicating athletes’ voices or likenesses without consent. These disputes increasingly fall under right of publicity litigation .

Statute of Limitations in NIL Cases

Timing is critical. Florida law provides a four-year statute of limitations for most right of publicity and likeness claims . However, courts have held that new uses of an athlete’s image (for example, repeated social media ads) may restart the limitations period .

We evaluate timelines to ensure athletes do not lose their claims to procedural defenses.

Our Litigation Services for NIL Clients

Our litigation team represents:

Athletes — pursuing claims for breach of NIL agreements or unauthorized use of likeness.
Universities & Athletic Programs — defending against NIL-related disputes while ensuring compliance with Florida law.
Businesses & Sponsors — resolving contract disputes and defending against right of publicity claims.

We provide:

Contract litigation in state and federal courts.
Defense against unauthorized use and NIL appropriation claims.
Arbitration and dispute resolution under NCAA and conference rules.
Strategic advice to avoid disputes before they arise.

FAQs: NIL Litigation in Florida

1. What is NIL litigation?

NIL litigation involves lawsuits over athletes’ rights to profit from their name, image, and likeness, including contract disputes and right of publicity claims.

2. Can an athlete sue for unauthorized use of their likeness?

Yes. Florida law protects athletes against unauthorized commercial use of their name, image, or likeness.

3. What happens if an agent is unlicensed in Florida?

Agents must be licensed. Contracts made by unlicensed agents may be invalid, and athletes may pursue legal action.

4. How long do athletes have to bring an NIL claim?

Generally, four years from when the violation occurs—but new uses of likeness can reset the clock.

5. How does AI affect NIL disputes?

AI-generated likenesses (e.g., fake voices or images) raise new litigation risks under the right of publicity.

6. How can a law firm help in NIL litigation?

We evaluate contracts, pursue or defend lawsuits, and negotiate settlements to protect our clients’ rights and reputations.

Protecting Athletes in NIL Litigation

The NIL era in Florida creates unprecedented opportunities—and risks. Athletes, schools, and businesses need experienced litigation counsel to enforce contracts, defend claims, and navigate the evolving landscape of publicity rights.

📞 Call our firm today to discuss your NIL dispute or litigation needs.

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