Gloves Off: The Tensions Between Name, Image, and Likeness Agreements and Open Records Laws

This article analyzes how 19 states around the United States have developed laws that make name, image, and likeness agreements immune from public scrutiny and open records requests. Many of these public universities collect information and data or actively help broker deals between collegiate athletes and collectives or other entities, but they want to keep the contents of those deals private. By conducting a discourse analysis of state bills and laws, public commentary in media, and relevant legal cases, the article found two key claims that institutions use to justify shielding name, image, and likeness deals from public records requests: (a) claims to athletes’ privacy and (b) the desire for a competitive advantage. The article concludes that state-level government transparency in name, image, and likeness agreements is in the best interest of all involved and advocates for employee status of collegiate athletes.