Your name, image, and likeness (NIL) deal ended three months ago. Then one day, you open Instagram and see the company still using your photo in an advertisement. Can they do that? The answer may depend on what you agreed to in your contract.

When an athlete signs a NIL deal, they may be giving a brand permission to use their name, photos, videos, voice, social media content, or other parts of their personal brand. These are called usage rights. The contract should explain in detail what, where, and how long they can use the athlete’s NIL.

This becomes especially important when the NIL deal ends. Just because the partnership with a company lasts six months does not necessarily mean the company's right to use your content also ends after six months. Depending on the contract, the company might be able to use certain photos, videos, advertisements, or other content after the deal is over.

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One word athletes and families should pay special attention to is “in perpetuity.”  This is a fancy term to say that the brand can use an athlete’s NIL forever. In theory, an athlete can sign a deal at 19 years old and see a company use that content forever. Think about a $5,000 NIL deal. Getting paid $5,000 for a company to use your videos on social media for three months is very different from getting paid $5,000 and giving that company the ability to use the videos forever.

For athletes and families, understanding usage rights should be part of evaluating every NIL opportunity. A deal that looks great at first can have consequences that continue long after the partnership is over. Taking the time to understand the contract before signing can help athletes maintain control of their personal brand as their career grows. A good NIL deal should create opportunities for your future, not limit them.

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