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Set the rules in writing before an AI image, video, voice clone or other digital replica is made. A useful agreement names the athlete and the attributes covered (such as face, body, voice, movement, statistics or biographical details), then limits purpose, media, territory, duration, compensation, approvals, model training, sublicensing and deletion. The correct terms depend on whether the use is an individual endorsement, a team production, a group license, a student-athlete NIL deal, or a use governed by a players’ association or collective agreement.
AI does not create one universal “likeness” rule. Existing contracts, NCAA policies, union or association agreements, state publicity laws and the nature of the content all matter. Use the framework below as a drafting and review checklist, not as a substitute for advice on a specific agreement.
What an AI likeness rule must cover
A digital replica can realistically reproduce a person’s face, body or voice. It may also reproduce characteristic movement, speech patterns, gestures or a performance assembled from source recordings. SAG-AFTRA’s digital-rights overview uses the face, body and voice as core examples. A contract should say exactly which attributes are licensed and what synthetic outputs may be made from them.
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- Source-material access: permission to collect or use photographs, game footage, audio, biometric measurements or other recordings.
- Model or training rights: permission to train, fine-tune or retain a model, embedding or reference library using those materials.
- Output rights: permission to publish a specified image, video, voice line, simulation or other generated result.
Granting one does not automatically grant the others. A team might be allowed to produce one preseason advertisement without receiving a perpetual right to train a model on every archived interview.
A practical drafting checklist
1. Identify the athlete and the protected attributes
Name the person and list each covered attribute: legal or professional name, image, likeness, face, body, voice, movement, statistics, biographical information and any digital replica. Define whether the permission covers a realistic clone, a stylized avatar, an edited recording, or only a particular asset. If a group is involved, identify every player rather than relying on a broad reference to “roster members.”
2. Define the authorized purpose and context
Describe the activity in concrete terms: a named team promotion, training simulation, broadcast feature, video game, advertisement, documentary, archival package or social post. State the product, event and audience. Exclude unrelated endorsements, political messages, gambling or alcohol promotions, and new performances unless separately approved. The NCAA’s NIL guidance lists endorsements, posts, appearances, camps and clinics as examples of compensated uses; that is why an agreement should identify the actual activity instead of saying “any future commercial use.”
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Require informed, written approval for a materially different character, script, context, platform or sponsor. Identify who may approve for the athlete and who may approve for the team. Set response times, a method for approving routine edits, and a rule for renewals. Decide whether the content must be labeled as AI-generated or digitally recreated, where the label appears, and who handles corrections when an output is misleading.
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4. Draw a line around training and derivatives
State whether source photos, video, voice recordings, motion-capture files or biometric data may train a model. Address whether the model, weights, embedding or prompt library may be retained after the campaign. Specify whether the system may create new dialogue, gestures, statistics, game actions or performances that the athlete never supplied. A license for one named output should not silently become a right to generate unlimited new performances.
5. Specify term, territory, media and exclusivity
Write start and end dates, countries or regions, languages, platforms and media formats. Clarify whether the license is exclusive, shared with other sponsors or limited to the named team. Explain renewal notice, post-expiration display of already published material, and treatment of cached or downloaded copies. If a platform or broadcaster can archive content indefinitely, address that expressly rather than allowing an open-ended “perpetual” term by accident.
6. Explain compensation and verification
Set the fee, royalty, usage-based payment, minimum guarantee and payment dates. Require usage reports that identify where and how often a synthetic asset appeared. Add accounting and audit rights when compensation depends on impressions, sales or sublicenses. The NCAA’s public guidance says an NIL activity should involve compensation specifically for use of NIL and a valid business purpose. Its page describing 2025–26 Division I changes is labeled proposed; it discusses written agreements and comparable-value compensation, so do not present those proposals as final rules.
7. Control sublicensing, vendors and access
List permitted licensees, production companies, game developers, broadcasters and cloud or AI vendors. Require every downstream contract to carry the same purpose, term, territory, security and deletion restrictions. Limit who can download source recordings or access a model. Prohibit a vendor from using the files to improve a general-purpose product or to serve another customer unless the athlete has separately agreed.
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Require reasonable access controls, encryption where appropriate, breach notification and a contact for urgent takedown requests. Specify correction or removal duties, indemnity if negotiated, dispute procedures and a right to terminate for misuse. Require disabling or deletion of copies, prompts, embeddings and model access at the end of the term where technically feasible, and require a written confirmation of completion.
9. Check group rights and existing obligations
Before signing a team or campaign deal, review the player’s contract, players’ association agreement, collective bargaining agreement, school rules and any existing group license. The NFLPA explains that a Group Licensing Assignment gives it exclusive rights to specified player identity attributes for licensed programs involving six or more players. That six-player threshold and those terms are an NFL example, not a rule for every sport. A team cannot assume that an individual opt-in overrides an association’s group rights.
10. Address post-term and posthumous use
Say whether a right survives expiration, retirement, a transfer or death, and who may authorize later use. Posthumous rights can depend on the contract and the law of the relevant jurisdiction. SAG-AFTRA’s separate discussion of posthumous digital replicas applies to its covered performer context and should not automatically be treated as an athlete rule.
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These are separate legal and commercial axes, not interchangeable product tiers. A deal can be narrow on one axis and broad on another.
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| Decision | Narrower option | Broader option and added risk |
|---|---|---|
| Who grants the right? | Individual athlete license for one person and one campaign. | Association or group license covering several players; check collective and group-rights rules first. |
| What is permitted? | One named image, video or voice output. | Continuing model-training and derivative-generation rights, which can create new performances. |
| Why is it used? | Promotional or endorsement content tied to a named product or event. | Expressive, documentary, newsworthy or satirical content, where constitutional or statutory defenses may apply. |
| When does consent apply? | Current, approved campaign during a defined term. | Post-term, archival or posthumous use, requiring explicit survival and authorization language. |
| Which rule set governs? | Student-athlete NIL policy and state requirements. | Professional contract, players’ association or collective bargaining provisions, plus applicable law. |
Student-athletes: align the AI clause with NIL rules
The NCAA defines an NIL deal as compensation—money, products or services—in exchange for allowing a company, brand or person to use a student-athlete’s name, image or likeness. Its guidance gives social posts, appearances, camps, clinics and endorsements as examples. It describes a valid business purpose connected to a product, service or event available to the public, and says agreements with no required promotional activity or an undefined future use are not allowed under that guidance. An AI clause should therefore identify the deliverable and the required activity, not simply authorize “all future digital uses.”
An April 1, 2025 NCAA consent-judgment announcement says 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 says the judgment does not address compensation for athletic performance or achievement, which remains prohibited under the NCAA rules described there.
The NCAA page on proposed Division I rule changes labels its 2025–26 implementation text as proposed. It discusses written licensing or endorsement agreements, a valid business purpose and comparable compensation for certain third-party arrangements. Confirm the current rule, the athlete’s division, state law and school procedures before relying on that material. A school’s disclosure or approval process may be separate from the commercial contract.
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Professional athletes may have both individual publicity rights and rights assigned to a players’ association. Review the playing contract and any group-rights assignment before licensing a synthetic team image, roster video or shared voiceover. The NFLPA’s explanation of its Group Licensing Assignment is a useful example of how an association can receive exclusive rights for specified identity attributes in programs involving six or more players; it does not establish a universal threshold in another league.
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Where a union or collective agreement applies, check provisions on digital simulation, reuse, consent, compensation, bargaining and dispute resolution. SAG-AFTRA’s AI statement says those subjects are governed by union bargaining and applicable contracts for its members. That is a model for questions to ask, not a direct rule governing athletes outside that bargaining unit.
Legal boundaries: permission depends on the use
SAG-AFTRA describes the right of publicity as a state-based intellectual-property right protecting commercial use of a person’s likeness. State statutes and common law differ. A paid advertisement using a recognizable voice will usually raise different questions from a news report about a game or a clearly labeled parody.
The same overview notes that First Amendment interests can protect some satire, parody, commentary, criticism, biographical films, documentaries, and newsworthy or educational content. That does not create a blanket exemption for AI. Analyze the purpose, audience, transformation, sponsorship, jurisdiction and likelihood of confusion. A contract can reduce uncertainty for commercial uses, but it cannot erase every statutory or constitutional defense.
Federal policy to track in 2026
NO FAKES Act of 2025
H.R. 2794, the NO FAKES Act of 2025, was introduced in the House on April 9, 2025 and referred to the House Judiciary Committee in the cited bill text. It is proposed legislation, not enacted law. Do not write a contract or compliance policy as though its provisions already apply nationwide.
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 after a valid request. This is a targeted remedy for covered intimate imagery, not a general takedown process for every dispute over a commercial image, voice or advertisement.
Quick Recap
Implementation workflow for a team or representative
- Inventory the proposed use. Record the athlete, attributes, source files, model or vendor, output, sponsor, platforms, territories, languages and intended dates.
- Map the rights. Read the individual contract, association or collective agreement, school and conference policies, existing licenses and applicable state-law requirements.
- Classify the content. Mark it promotional, training, broadcast, game, archival, expressive, newsworthy or intimate; the category affects both consent and remedies.
- Choose the permission structure. Decide whether an individual license, group license, one-output approval or training right is actually needed.
- Draft controls. Add purpose, approval, disclosure, term, territory, compensation, vendor, security, deletion and remedy clauses, with separate language for model training.
- Obtain informed signatures. Give the athlete or authorized representative the scripts, sample outputs, model description and downstream-vendor list before consent.
- Operate an approval log. Keep versions, approvals, publication dates, usage reports and renewal decisions so the team can prove which output was authorized.
- Close the license. At expiration or termination, stop new generation, remove active placements, disable vendor access and document deletion or technically feasible disabling of retained copies and models.
Questions to resolve before signing
- Can the system make the athlete say words, endorse products or perform actions that never occurred?
- Does a “likeness” definition include voice, movement, statistics and biographical facts, or only a photograph?
- May a vendor retain training data or use the model for another customer?
- Who pays if usage expands, a sponsor changes, or a campaign is renewed?
- What happens when the athlete transfers, retires, leaves school or dies?
- Which agreement controls if an individual license conflicts with a group or collective license?
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