Brent Burningham | Jun 10 2026 15:00

Name, image, and likeness (NIL) rights have become an essential part of modern business, marketing, and legal strategy. As individuals increasingly build personal brands—whether through athletics, entertainment, or online influence—understanding how NIL protections work is more important than ever. These rights influence contract negotiations, intellectual property decisions, and even business formation strategies throughout Utah. At Burningham Business Law, our experience across business law, intellectual property, and dispute resolution helps clients navigate this evolving space with clarity and confidence.

NIL rights intersect with a wide range of legal areas, from intellectual property protection to contract structuring. Whether you are a Utah entrepreneur, a student-athlete exploring partnership opportunities, or a business seeking to use someone’s likeness in marketing, knowing how these rights function can help you avoid disputes and protect long-term interests.

What NIL Really Covers

Name, image, and likeness describe the different components of a person’s identity that can be recognized and commercially used. A “name” includes legal names, nicknames, and any label uniquely associated with an individual. An “image” refers to photographs or visual representations. “Likeness” goes further, covering elements such as drawings, digital characters, voice recordings, signatures, or recognizable traits.

Together, these characteristics make up an individual’s legally protected identity. NIL protection is tied to the right of publicity, which prevents unauthorized commercial use of a person’s identity. In athletics, marketing, and many business settings, NIL has become shorthand for these publicity rights.

How NIL Rights Function in Commercial Settings

NIL rights allow people to control how their identity is used and to earn compensation when it is used commercially. These rights appear most often in:

• Endorsement and sponsorship agreements with brands
• Paid social media collaborations and promotional content
• Licensing of names or likenesses for merchandise
• Appearances in advertising or live events

Student-athletes have brought widespread attention to NIL issues recently, but these rights apply far beyond college sports. Influencers, entertainers, business professionals, and even private individuals may have legal claims if their identity is exploited for commercial benefit without permission.

Because NIL agreements are contracts, they often intersect with services such as those provided by a contract attorney Utah, contract drafting lawyer Davis County, and small business contract attorney. At our Utah contract law firm, we regularly help clients review terms, negotiate compensation, and avoid unnecessary risk.

NIL and Its Relationship to Intellectual Property

NIL protections exist alongside—but are different from—copyrights, trademarks, and other intellectual property tools. Copyright protects creative works, while trademark law covers branding elements such as logos or unique phrases. Some individuals strengthen their personal brands by obtaining trademark protection for their names or taglines, often with the help of a Utah trademark lawyer or intellectual property attorney Farmington.

NIL, however, specifically guards against unauthorized commercial use of identity. In many cases, these areas overlap. A single advertisement may require permission for a copyrighted photo, a trademarked symbol, and the likeness of the person featured. When such issues arise, support from a patent attorney Davis County, Davis County patent law professional, or broader IP protection Utah advisor can be essential.

Who Can Exercise NIL Rights?

While college athletics has dominated discussions, NIL protections apply broadly. Professional athletes, musicians, content creators, and public personalities frequently rely on NIL agreements to grow their personal brands. Some high school athletes may also participate, depending on local rules.

Common uses of NIL include sponsored posts, event appearances, licensing arrangements, and long-term brand partnerships. But NIL issues also arise outside entertainment. If a business uses someone’s photo or name in marketing without approval, that person may have grounds for legal action—a situation where a Davis County business attorney or business litigation Davis County professional may become necessary.

Important Terms to Review in NIL Agreements

NIL contracts outline how a person’s identity may be used, the duration of use, compensation, and important conditions. Key clauses often include:

• Exclusivity terms determining whether the individual can work with competing brands
• Usage rights that define where and how identity elements can appear
• Sublicensing permissions that govern third-party use
• Termination provisions outlining when the agreement can end

Because these contracts connect directly to personal branding and income, working with an experienced agreement lawyer Utah or business contract review Farmington attorney can help safeguard future opportunities.

Why Legal Support Matters

The NIL landscape continues to shift with new policies, state regulations, and evolving business models. Poorly written agreements or misunderstandings about intellectual property can lead to financial loss or legal disputes. Our team at Burningham Business Law—serving clients as a Davis County business lawyer, business formation attorney Utah, Utah LLC lawyer, corporate formation lawyer Utah, and trusted law firm Davis County Utah—helps clients avoid these pitfalls.

We also assist when NIL disputes arise, offering services from a mediation attorney Davis County to a Utah arbitration lawyer for those seeking fair and efficient resolution. Many conflicts can be handled through alternative dispute resolution Utah methods such as business mediation Davis County or dispute resolution Farmington, helping clients avoid costly litigation.

Moving Forward with Confidence

NIL rights continue to influence how individuals and businesses leverage identity and branding. Whether you are evaluating an endorsement opportunity, structuring a new business with guidance from an entity structuring Farmington professional, or reviewing marketing practices to ensure compliance, the right legal insight can help you proceed confidently.

If you need assistance understanding NIL protections, drafting or reviewing agreements, or navigating related intellectual property questions, our business law firm is here to help. Burningham Business Law combines corporate experience with local accessibility to guide clients across Davis County and the greater Wasatch Front.