Right of Publicity
U.S. Legal Concept
Prohibits your “persona” or “celebrity” to be used by others, in a commercial manner (promote a product or services), without your consent.
Legal Right for U.S. Citizens and non-citizens with work authorization may freely exploit their “persona” or “celebrity” for commercial purposes.
Example: Someone takes a photo of you wearing a clothing brand, and that brand uses the photo to promote their products without the your consent. The brand is in violation of your right of publicity.
Other examples:
On June 21, 2021 The Student and Exchange Visitor Program (SEVP) announced they are aware of and actively monitoring proposed federal and state legislation pertaining to the use of name, image and likeness for student athletes, including F and M nonimmigrant students. The program is working with its partners within the U.S. Department of Homeland Security to review how this legislation affects international student athletes and will provide updated guidance via Broadcast Messages, Study in the States, social media and SEVP field representatives.
Unfortunately earning NIL compensation may not be permissible for international student athletes in F-1 status without having serious consequences. The spirit of the F-1 visa is to come to America for the sole purpose of pursuing a course of study, allowing for only limited employment and income-generating opportunities while in the U.S. These immigration related employment restrictions impact the ability of student-athletes in F-1 status to take advantage of the income generating opportunities of NIL. Any student-athlete who is currently in F-1 or other nonimmigrant status should discuss the potential immigration implications of performing any type of labor of service in exchange for payment with a competent immigration attorney. All NIL opportunities conducted while in the United States by students holding an F-1 visa would violate U.S. immigration law due to a work authorization violation. The International Student Services office is required by law to act on submitted evidence from reports of student violations and once confirmed, report to DHS through the termination of the student’s record.