Here’s Why Reggie Bush’s Case Is Your Contract Wake-Up Call
Reggie Bush’s attorney spent Friday in a Los Angeles courtroom asking a judge to rethink a tentative ruling that would kick parts of Bush’s NIL lawsuit to the curb. Translation: his team is arguing, among other things, that Bush didn’t sign his rights away—and that it’s not too late to hold the NCAA, USC, and the Pac-12 accountable for using his name, image, and likeness without paying him. The judge has signaled the claims may be time-barred (lawyer-speak for “you missed the filing deadline”), but is considering final dismissal requests before issuing a ruling. (Bloomberg Law, MyNewsLA.com)
If you’re a high school or college athlete reading this, here’s the real-world lesson: what you sign today can either protect your future—or haunt you when the highlight reels are living forever online and in video games.
The 60-second case recap (no bluebook citations required)
In September 2024, Bush sued USC, the Pac-12, and the NCAA seeking compensation for years of NIL use—during and after his college career. This is separate from his earlier defamation fight with the NCAA. (AP News, ESPN.com)
On August 15, 2025, a Los Angeles judge indicated the claims might be time-barred but took arguments under submission; Bush’s lawyer urged reconsideration, emphasizing Bush never signed away his NIL. That “he never assigned his rights” point is the heartbeat of the argument. (Bloomberg Law, MyNewsLA.com)
Whether Bush ultimately wins or loses on timing, the teachable moment for you is bigger than one case: your signature sets the rules of the game.
Contract Truths Every Athlete Needs to Know
1) “License” vs. “Assignment” is not a vocabulary quiz—it’s your paycheck.
A license lets a brand use your NIL for specific purposes, for a specific time. You still own it. An assignment gives away ownership. If a deal says “assign” or “irrevocably transfer,” that’s not swag—that’s a surrender. Ask whether the brand really needs ownership or whether a limited, revocable license will do.
2) Beware the sci-fi clause.
“In perpetuity, throughout the universe, in all media now known or hereafter devised.” That’s not a Marvel sequel; it’s a forever grab. Push for defined terms (platforms, mediums), reasonable duration, and clear end dates. If they want forever, the number better look like it’s from another galaxy.
3) Exclusivity should be earned, not assumed.
“Exclusive” means you can’t do competing deals. That’s leverage you’re giving up. Narrow it by category (e.g., “energy drinks,” not “beverages”), territory (U.S., not “planet Earth”), and time (campaign period, not forever). Price exclusivity like it matters—because it does.
4) Deliverables and approvals: write the play, don’t guess it.
Spell out exactly what you owe (posts, appearances, shoots), approval timelines (for you and the brand), reshoots, and who pays for production. Add morals clauses that work both ways—if they flame out on a scandal, you can walk, too.
5) AI and synthetic media are here. Protect Future-You.
If the contract lets a brand create or train AI models on your voice/face, you need controls: consent, scope, duration, audit rights, and takedown rights. Add a no-deepfake without fresh written approval clause. Your voice shouldn’t be doing deals you didn’t approve at 3 a.m.
6) Compliance isn’t optional just because the money is real.
High school and college rules still matter. Coordinate with your school’s compliance office, mind pay-for-play and inducement restrictions, and keep FTC disclosure rules (#ad means #ad). If a collective or booster approaches you, pause and get professional review. (We cover how these rules evolve on the podcast every week.)
7) Taxes and cash flow: get boring now so life’s easy later.
Most NIL money is 1099 income. Set aside taxes, track expenses, and get a simple bookkeeping setup. If a brand is paying installments, tie your deliverables to their payments—no deliverables due if they’re late. Add late fees and a right to withhold further use if invoices aren’t paid.
8) Termination and cure: protect the downside.
If there’s a breach, both sides should have cure periods (time to fix it). If they breach and don’t cure, you terminate, they stop using your NIL immediately, and any unearned exclusivity evaporates. Put injunctive relief on the table: if they keep using your NIL after termination, you can ask a court to make it stop—fast.
9) Assignment by them; non-assignment by you.
Brands love “we can assign to affiliates.” Limit that. If they transfer your deal to a sketchy shell company, your approvals and protections should still apply. Meanwhile, don’t let anyone “assign” you (your personal services) without your written consent.
10) Audit and transparency.
If there’s revenue share, ask for audit rights and quarterly statements. If there’s data use (views, clicks, conversion), require access to campaign analytics—you can’t price your next deal if you’re flying blind.
The “Locker-Room Checklist” Before You Sign
Who can use your NIL? (Brand only? Affiliates? Forever?)
What exactly are they using? (Name, image, voice, stats, jersey number, AI clone?)
Where will it live? (Social, TV, billboards, video games?)
When does it end—and how do you get your rights back?
Why exclusivity? (And what’s the premium for it?)
How do you get paid—and what happens if they’re late?
Print that. Tape it inside your locker. Screenshot it to your camera roll. Future-you says thanks.
How This Ties to Our Podcast
On The Triple A Ball ’N Play Podcast and here in the BNP Blog, we talk about cases like Bush’s not to Monday-morning-quarterback, but to give you the tools to avoid preventable messes. Courtrooms argue over deadlines and doctrines like “statutes of limitation.” You can avoid ever getting there by handling the doctrine of don’t-sign-bad-paper right now.
We break down the license vs. assignment decision tree.
We run through live examples of AI likeness clauses that protect you.
We show you how to price exclusivity like a pro, not a rookie.
Bring your questions—we’ll bring the receipts.
Final Word
If your deal reads like a spaceship manual and promises “exposure,” remember: exposure is not a currency and “throughout the universe” is not a vibe. You don’t have to sign away tomorrow to get paid today. Get someone who can read the contract like game film and make sure the only thing that’s “time-barred” is your opponents’ offense in the fourth quarter.
Not legal advice. If you need help with a specific contract, talk to a qualified attorney or registered agent (hi). And if you’re a parent reading this: yes, co-signing means you’re on the hook too—ask questions before you hand over the pen.
Sources & further reading
Judge signals Bush’s NIL antitrust claims may be time-barred; arguments taken under submission (Aug. 15, 2025). (Bloomberg Law)
Local coverage of the Los Angeles hearing and potential dismissal of claims against NCAA/USC/Pac-12 (Aug. 15–16, 2025). (MyNewsLA.com)
Bush’s original NIL compensation lawsuit filing and background (Sept. 2024). (AP News, ESPN.com)
