Lights, Camera, Lawsuit: Athlete Consent in the Age of Sports Documentaries
Written by Jonathan Christmas | March 26, 2026
The Rise of Sports Documentaries and Their Legal Blindspots
Recently, sports documentaries have become some of the most profitable formats in streaming media. Series such as The Last Dance (2020) and Last Chance U (2016-2020) draw tens of millions of viewers and generate large amounts of revenue for streaming services, like Netflix, and other media platforms, like ESPN. However, with these documentaries comes an important legal question: when athletes are the subjects of these productions, do they have any control over how their stories are being told?
The Right of Publicity and Its Limits
The legal right at stake here is the right of publicity, an individual’s ability to control the commercial use of their name, image, and likeness. Rooted in state law rather than federal law, this right exists in most jurisdictions across the country, but varies greatly in terms of scope and protection (Founderslegal, 2024; Lexology, 2023). Thus, for athletes, the same conduct that is protected in one state may not be protected in another.
However, this right of publicity has limits. Courts have consistently held that documentaries, as expressive works, receive First Amendment protections that can override an athlete’s control over their own narrative (Marquette Sports Law Review, 2003). Typically, producers filming athletes for a news segment or historical documentary can invoke this protection. The legal problem emerges when a production profits from an athlete’s story, while constructing a narrative that the athlete did not help shape.
Consent in Practice: Negotiated vs. Assumed
The Last Dance represents the best-case scenario for athlete consent. Michael Jordan agreed to participate in the documentary after NBA Entertainment gave him approval rights over whether the footage would ever be released (ESPN, 2020). Despite this agreement, Jordan played no role in the editing process. Former teammates, like Scottie Pippen and Horace Grant, publicly pushed back on how they were portrayed (Tampa Bay Times, 2020; ESPN, 2020). Pippen was supposedly “beyond livid” over how he was portrayed. Meanwhile, Grant called the account of his behavior in the documentary “a downright, outright, complete lie” (Deseret News, 2020). Outside of Jordan, these were athletes who were quite involved in the documentary but still had no control over how they were portrayed.
Most athletes, however, do not have the same leverage that Jordan had. In February 2025, six former East Mississippi Community College football players who were in Last Chance U filed a $30 million lawsuit against Netflix, Condé Nast Entertainment, the NJCAA, and the documentary's executive producer. In this lawsuit, the athletes alleged wrongful misappropriation of likeness. Additionally, the players sought compensation, as Netflix profited off of the documentary, yet the players received nothing (Sportico, 2025; Fox Sports, 2025). One of the players, Isaiah Wright, claimed that the series left viewers with the impression that he was a murderer. According to his lawyers, this characterization cost him meaningful employment opportunities. Outside of Netflix, the series also generated significant revenue for the NJCAA, with the organization seeing a year-over-year net income increase of over $200,000 tied to the show's release, further supporting the players' argument that they deserved compensation (Sportico, 2025).
So far, the courts have sided with the producers. In March 2025, a judge granted Netflix’s anti-SLAPP motion, which dismissed the claims against the streamer and the producer on First Amendment grounds. However, the case against the NJCAA was allowed to continue (MyNewsLA, 2025). Six players settled their claims against the school, but the terms were not disclosed (MyNewsLA, 2025).
A Broken System of Content
The Last Chance U court case reveals a structural problem within the documentary industry. Athletes are often presented with release agreements and production contracts at the last minute, with little time or legal guidance to understand what rights they are giving up (Creators Legal, 2024). Courts, as seen in the Afflicted docuseries case, have voided release agreements on the grounds that subjects were misled about the nature of the production (Hollywood Reporter, 2022). However, with no evidence of deception, the First Amendment shields producers, and most athlete claims fail before they end up reaching trial.
The law, as it currently stands, heavily favors the producer. Athletes who choose to participate in documentaries often do not realize that consenting to filming is not the same as consenting to the narrative built around them, until it is too late. Once the camera stops rolling, the legal system offers limited solutions.
Where Do We Go From Here?
Looking forward, we must rethink how the documentary industry treats athlete participation. At a bare minimum, athletes need access to independent legal counsel before signing any release agreements. This standard is one that is common in medical research ethics, but is absent in media production. Additionally, a federal right of publicity framework would eliminate the inconsistencies that occur regarding conduct in different states. Outside of legal reform, the industry should adopt revenue-sharing models, which would compensate athletes whose stories create profit. Similar models exist with acting and the SAG-AFTRA providing protections to on-screen talent. It is important to consider how the stakes extend beyond sports. If athletes, especially young, low-income ones with no legal resources, continue to have no control over how they are portrayed, many will no longer be willing to participate in these types of films. As a result, the documentary industry will suffer, and so will viewers. While the First Amendment protects the press, this protection was not meant to be a license to profit from someone else’s life without consequence.
References
Creators Legal. (2024, October 18). The rise of documentaries in 2023. https://creatorslegal.com/the-rise-of-documentaries-in-2023/
ESPN. (2020, April 18). An all-access Michael Jordan documentary: How 'The Last Dance' was made possible. https://www.espn.com/nba/story/_/id/29044827
ESPN. (2020, May 19). Horace Grant says Michael Jordan lied in 'Last Dance.' https://www.espn.com/nba/story/_/id/29195428
Founderslegal. (2024, January 27). Name, image, likeness (“NIL”) or the right of publicity: Considerations for university athletes. https://founderslegal.com/name-image-likeness-nil-or-the-right-of-publicity-considerations-for-university-athletes/
Fox Sports. (2025, February 13). Former ‘Last Chance U’ football players file lawsuit over their portrayals. https://www.foxsports.com/stories/college-football/former-last-chance-u-football-players-file-lawsuit-over-portrayals
Hollywood Reporter. (2022, April 13). Defamation lawsuit against Netflix, producers of ‘Afflicted’ advances. https://www.hollywoodreporter.com/business/business-news/defamation-lawsuit-netflix-afflicted-docuseries-allowed-to-proceed-1235129297/
Lexology. (2023, September 30). In brief: Sponsorship and image rights of professional athletes in USA. https://www.lexology.com/library/detail.aspx?g=1e03e678-f5f0-4eb7-bb17-b4797014979e
Marquette Sports Law Review. (2003). Stop the presses! First Amendment limitations of professional athletes’ publicity rights. Marquette University Law School. https://scholarship.law.marquette.edu/sportslaw
MyNewsLA. (2025, November 21). 6 Mississippi college players settle ‘Last Chance U’ portrayal lawsuit. https://mynewsla.com/crime/2025/11/21/ex-mississippi-college-grid-players-settle-suit-over-last-chance-u-portrayal/
Sportico. (2025, February 12). ‘Last Chance U’ players’ $30M Netflix suit a fat chance to prevail. https://www.sportico.com/law/analysis/2025/last-chance-u-netflix-lawsuit-1234827854/
Tampa Bay Times. (2020, May 21). Scottie Pippen angered by portrayal in Michael Jordan documentary ‘The Last Dance.’ https://www.tampabay.com/sports/2020/05/21/scottie-pippen-angered-by-portrayal-in-michael-jordan-documentary-the-last-dance/
Deseret News. (2020, May 25). What the Michael Jordan documentary taught us. https://www.deseret.com/2020/5/25/21267544/espn-last-dance-michael-jordan-replay-explain-retails-review/
