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Put the AI permission in writing before any image, voice, body, or performance is generated. A workable rule identifies the athlete and covered attributes, names the exact purpose and media, sets a term and territory, explains compensation, controls model training and sublicensing, and gives the athlete approval and removal rights. The correct terms depend on whether the use is an individual endorsement, a team or group program, a student-athlete NIL deal, a union-covered production, or an expressive use protected by law.
This guide is U.S.-focused and reflects information available in October 2026. League agreements, state statutes, school policies and legislation can change, so an actual agreement should be reviewed under the law and collective terms that govern the athlete.
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What an AI likeness rule must decide
A digital replica can reproduce a person’s face, body or voice. The term can also cover movement, mannerisms, statistics, biographical details and newly generated dialogue or performances. SAG-AFTRA’s digital-rights overview describes digital replicas as realistic clones of an individual’s face, body or voice. A contract should therefore list each attribute instead of relying on a broad phrase such as “likeness.”
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- Who is identified and which attributes are included.
- What output and context are authorized.
- Whether source recordings or biometric material may train or tune a model.
- How long, where and on which platforms the use may run.
- Who is paid, who may approve changes and what happens after termination.
Build the agreement clause by clause
1. Identify the athlete and every covered attribute
Name the athlete and specify whether rights include the name, still image, video image, voice, accent, body or movement, statistics, biography, signature gestures, or a digital replica of any of them. State whether the permission covers composites that combine the athlete with another person or a fictional character. If a vendor receives training files, identify those files and the permitted technical purpose.
2. Describe authorized uses and prohibited contexts
Write the use as a concrete activity: a named team promotion, a training simulation, a broadcast feature, a video game, an advertisement, an archival package or a social post. The NCAA’s NIL guidance lists endorsements, posts, appearances, camps and clinics as examples of NIL activity; that is a reason to describe the actual commercial activity rather than approve an undefined “future use.” Prohibit unrelated endorsements, political advertising, adult or deceptive content, and new performances unless the athlete gives separate written approval.
3. Create a practical approval and disclosure process
Require informed, written approval for a materially different script, appearance, voice line, sponsor, platform or distribution channel. Name the person who can approve on the athlete’s behalf and set response times so routine edits do not stall a campaign. Specify whether the output must be labeled as synthetic, and where that label appears in a video, game or broadcast. A clause should distinguish approval of a final file from approval of a reusable model.
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State expressly whether photographs, video, voice recordings, motion-capture files, biometric measurements or other source material may be used to train, fine-tune or evaluate a model. Address retention of the model, embeddings, prompts and derived data. Decide whether the system may create new dialogue, gestures, plays or performances that the athlete never supplied. A license can allow one named output while forbidding training; or it can grant limited training rights with a fixed deletion date. Do not let a general publicity clause silently become a perpetual model license.
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5. Set term, territory, media and exclusivity
State start and end dates, countries or regions, languages, platforms and media formats. Clarify whether the grant is exclusive, non-exclusive or exclusive only for a named product category. Include renewal notice and pricing, and explain what happens to downloaded files, scheduled posts, game updates and cached copies when the term ends. If rights continue after a season, say so instead of assuming a roster contract does it.
6. Specify compensation and reporting
List a fixed fee, royalty, usage-based payment or minimum guarantee, with payment dates and any residual or renewal amount. Require records identifying where the replica ran, impressions or units sold when those figures determine payment, and an audit right where appropriate. Current NCAA public guidance says NIL compensation should be for use of NIL and tied to a valid business purpose. The NCAA’s 2025–26 Division I materials discuss written agreements, a valid business purpose and comparable compensation, but that page labels the text as proposed; do not treat a proposal as a final nationwide rule.
7. Control licensees, vendors and sublicensing
List the team, league, agency, production company and AI vendor that may access the files or model. Require every downstream party to accept the same purpose, term, security and deletion limits. Ban sublicensing or onward transfer unless the athlete or authorized association approves it. Limit downloads, administrator accounts and use of source files, and require vendors to return or destroy copies when the engagement ends.
8. Add security, correction and remedies
Set minimum safeguards for voice and image files, access logs and incident response. Require prompt notice of a breach or unauthorized generation. Give the athlete a process to request correction, disablement or removal of a wrong or harmful output. The agreement can allocate indemnity, legal fees and dispute procedures, and can permit termination for misuse. Specify deletion or disabling of copies, embeddings and models where technically feasible; a promise should identify which systems the vendor can actually control.
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9. Check group rights and existing obligations
Before a team or campaign signs for several players, review each playing contract, the players’ association agreement, the collective bargaining agreement and any existing group license. The NFL Players Association explains that a Group Licensing Assignment (or equivalent group-rights assignment in a player contract) gives the association the exclusive right to use specified identity attributes in licensed programs involving six or more players. Six is an NFL-specific example, not a universal threshold for other sports. A synthetic team image can therefore require association clearance even when a team has an individual publicity consent.
10. Address post-term, death and posthumous uses
Say whether any rights survive expiration, who may authorize a later release and how long archival material may remain online. Posthumous rights can depend on the contract and state law. SAG-AFTRA’s overview discusses posthumous digital-replica issues for its covered performer context; those provisions should not be assumed to govern athletes automatically.
Choose the right permission structure
| Decision axis | Structure one | Structure two |
|---|---|---|
| Who grants the right | Individual athlete license for a named person and defined attributes. | Association or group license for a program involving multiple players; applicable agreement controls. |
| What is authorized | One named image, video, voice line or other finished output. | Continuing model-training or generation rights, with separate retention and derivative limits. |
| Purpose | Promotional or commercial use such as an endorsement, post, appearance, camp or advertisement. | Expressive, newsworthy or educational use such as commentary, documentary, parody or biography, subject to governing law. |
| Time | Current consent limited to a stated campaign term. | Post-term or posthumous use authorized for a defined period and by a named decision-maker. |
| Setting | Student-athlete NIL arrangement governed by NCAA guidance, school policy and state law. | Professional contract and collective-bargaining setting, with association and league terms checked first. |
These are different contractual and legal axes, not product tiers. A single project can involve more than one: for example, a group license for a team advertisement plus individual approval of each player’s generated voice.
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Student-athlete NIL: verify the current rule set
The NCAA defines an NIL deal as compensation—money, products or services—for allowing a company, brand or person to use a student-athlete’s name, image or likeness. Its public guidance describes a valid business purpose tied to a product, service or event available to the public. It also says an arrangement with no required promotional activity or an undefined future use is not allowed under that guidance. An AI clause should therefore identify the promotional deliverable, not simply grant a school or company an open-ended right to make future synthetic content.
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On April 1, 2025, the NCAA’s consent-judgment announcement said covered prospective and transferring athletes may discuss, negotiate and enter commercial third-party NIL contracts before enrolling at a Division I institution. The announcement also said the judgment does not authorize compensation for athletic performance or achievement, which remains prohibited under the NCAA rules described there. That distinction matters if a proposed AI campaign tries to pay for statistics, playing time or a result rather than for a defined NIL service.
The NCAA page on proposed Division I rule changes labels its 2025–26 implementation text as proposed. It discusses written licensing or endorsement agreements and comparable compensation for certain third-party arrangements. Confirm whether a provision has taken effect, which division and state apply, and whether a school’s policy adds disclosure or approval steps. Do not copy proposed language into a contract as though it were a final rule.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Professional athletes: reconcile individual, group and union rights
A professional player may have an individual publicity clause, an association assignment and a collective-bargaining agreement operating at the same time. A team should map all three before commissioning a synthetic group shot, voice-over or virtual appearance. The NFLPA’s six-or-more-player GLA example illustrates why counting participants and checking the exact licensed program matters; another sport may use a different threshold or ownership structure.
Union coverage can add consent, compensation, disclosure and reuse requirements. SAG-AFTRA’s AI statement says those protections are governed by bargaining and applicable contracts for its members. It is a model for questions to ask—whether digital simulation, reuse and compensation are covered—not a rule that automatically applies to athletes outside that union.
Where law may require permission—and where it may not
SAG-AFTRA’s legal overview describes the right of publicity as a state intellectual-property right protecting commercial use of a person’s likeness. State definitions, defenses and postmortem rules differ. The same overview notes that First Amendment interests can protect satire, parody, commentary, criticism, biographical films, documentaries, and newsworthy or educational content. An AI-generated depiction is not automatically unlawful or automatically permitted; purpose, audience, transformation and the governing jurisdiction matter.
For that reason, a contract should not claim to control every depiction everywhere. It can clearly control the parties’ commercial conduct, require notice and approval for licensed uses, and preserve any rights that cannot lawfully be waived. A lawyer should analyze a disputed expressive use under the state law that applies rather than treating a consent clause as a universal takedown power.
Federal policy that affects response planning
NO FAKES Act of 2025
The H.R. 2794 bill text shows the NO FAKES Act of 2025 was introduced in the House on April 9, 2025 and referred to the House Judiciary Committee. It is proposed legislation, not enacted federal law. Contracts should not promise remedies that depend on its passage or assume that its definitions and procedures are currently available.
Take It Down Act
The FTC’s Take It Down Act guidance says platform requirements took effect May 19, 2026. Covered platforms must offer a way to request removal of nonconsensual intimate images, including digital forgeries, and remove covered content plus known identical copies within 48 hours of a valid request. This is a targeted remedy for covered intimate imagery. It is not a general takedown process for an ordinary commercial likeness dispute, a team advertisement or a disagreement over a model license.
Quick Recap
A practical approval workflow for teams and representatives
- Inventory the proposal. Record the athlete, attributes, source files, model or vendor, script, platforms, territories, term and all intended outputs.
- Map the rights. Read the individual contract, association or group license, collective-bargaining terms, school policy and applicable state law. Identify who actually owns or administers each right.
- Classify the purpose. Mark the use as promotional, training, broadcast, game, archival, expressive or another defined category. Flag political, unrelated endorsement or sensitive contexts for separate review.
- Negotiate the AI-specific terms. Decide training, retention, derivatives, labeling, approval, sublicensing, compensation, audit, security, deletion and post-term treatment.
- Approve a bounded deliverable. Keep a versioned record of the approved script, voice, visual appearance, sponsor and distribution list. Require written approval for material changes.
- Monitor and close out. Track where the output appears, pay according to the agreed report, investigate misuse, and obtain deletion or disabling evidence when the license ends.
Common failure modes and fixes
- “All likeness rights” with no attributes: replace it with a list covering face, body, voice, movement, statistics, biography and digital replicas as applicable.
- One ad becomes perpetual training: add a separate training grant, retention period and derivative-output rule, or prohibit training entirely.
- A team signs before checking the association: pause the campaign and compare the player contract and group-license rules, especially when six or more NFL players are involved.
- An NIL deal describes no deliverable: name the post, appearance, camp, endorsement or other activity and state the compensation and business purpose.
- A proposal is treated as law: label the NO FAKES Act as introduced legislation and NCAA 2025–26 text as proposed unless an official update confirms enactment.
- A commercial dispute is sent through an intimate-image takedown process: use the FTC process only when the content and platform fall within the Take It Down Act; use the contract’s notice, correction and dispute procedure for other likeness conflicts.
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