Digital Avatar Licensing

If you are a college athlete, you have a right to maintain complete control over how companies use your branding within their digital and physical products. When companies use your name, image, or likeness to promote their products or increase engagement, you may be able to receive payment for your contribution.

These policies also apply to digital avatar licensing, including how video game companies portray college athletes in their games. If a digital avatar company wants to include your image or branding within a virtual experience, it needs your explicit permission and should provide payment.

At Coach NIL, we’ve helped numerous clients navigate digital avatar licensing opportunities and disputes. We’d be happy to provide our knowledgeable legal services to walk you through your exclusive rights in the digital landscape.

Video Games and NIL Statutes

Sports-centered video games have been popular for many years. These games allow individuals to play virtual sports and use famous athletes as active players. For example, the video game company EA Sports plans to release a new College Football game in the coming years, featuring big names in college football.

Recently, the NCAA began permitting athletes to participate in monetized name, image, and likeness (NIL) opportunities to earn money outside of their universities. As a result, college athletes can begin making money for their appearances in video games and other virtual experiences.

These NIL statutes also provide essential protections for athletes, ensuring that they receive adequate compensation when companies use their images and personal branding in video games. If you’re a college athlete, remaining aware of your rights under NIL statutes is essential to maximizing your financial opportunities and protecting your image.

Potential Complexities in Digital Avatar Licensing

Video game companies need to tread carefully to ensure that their digital avatars of athletes are NIL compliant. Name, image, and likeness laws require companies to uphold the following requirements throughout their video game production:

• Receive explicit permission from athletes before using their NIL in a digital experience
• Uphold and protect athletes’ rights throughout the digital experience
• Provide adequate compensation for the use of the athlete’s NIL

At the same time, athletes need to ensure that they tread carefully when allowing video game companies to use their images. If you’re an athlete, you’ll need to ensure that your NIL opportunity:

• Pays you a “fair market value” for your contribution, i.e., not providing outrageously high payment
• Follows your school’s specific NIL guidelines
• Upholds your image and reputation
• Follows all compliance guidelines

While taking advantage of digital avatar licensing opportunities can be highly beneficial, you must ensure that your participation is compliant. If not, you could put your athletic career at risk.