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Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate. 

Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate. 

Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate. 

Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate. 

Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate. 

Beyond the Jersey: Managing NIL in the Workplace

Name, image, and likeness (“NIL”) is often linked to college athletes cashing in on their public image: but how does it relate to employees?

Individuals in virtually every state, including Louisiana, hold a property right in the commercial use of their identity. That means an employer may face restrictions when using an individual’s name, voice, signature, photograph, image, likeness, or digital replica without consent. An employee’s “identity rights” typically remain enforceable for decades after their death.

Does this mean that every employer needs to strike a lucrative NIL deal with each employee? Not necessarily. Normally, a job offer or continued employment provides enough value to justify an employer’s use of an employee’s identity. However, that does not eliminate the need for consent under some state laws, including Louisiana.

Before using employee images in a company magazine or on social media to promote the business, employers should first review their handbooks and agreements to confirm compliance with identity rights laws of each state in which they operate.