*Last Updated on December 6, 2024
In June 2021, the NCAA implemented an interim policy on name, image and likeness, or NIL, allowing student-athletes to make money from their personal brand.
NIL laws vary by state, meaning your state may or may not have its own NIL regulations you must adhere to. Whether high school students can participate in NIL activities depends on the rules set by your state’s high school sports association. Additionally, colleges and universities often have their own unique rules for NIL.
Our guide aims to simplify the NIL rules for high school athletes and parents involved in the recruiting process. Keep reading to better understand what’s allowed for high school student-athletes and maximize your potential for future NIL money and opportunities.
In addition to our guide here, IMG Academy+ Essentials offers a series of on-demand workshops to help student-athletes and their families better understand NIL. Already have an IMG Academy+ Essentials subscription? Click here to access the series.
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What does NIL mean? What is the right of publicity?
Name, image and likeness (NIL) are the three elements that make up “right of publicity”, a legal concept used to prevent or allow the use of an individual to promote a product or service. For example, if an athlete’s photograph is taken while wearing an athletic brand, and that brand uses the photo to promote their products without the athlete’s consent, that athlete could claim the brand is in violation of the right of publicity.
The right of publicity is generally used to protect against the misuse of an individual’s name, image and likeness for commercial promotion. However, the NCAA has been scrutinized for years, as critics say the NCAA takes advantage of student-athletes by using their name, image and likeness for profit, while not allowing the athletes to cash in, as well.
what is the ncaa nil rule?
The NCAA’s interim policy, which was passed in June 2021, has three main parts:
- Athletes can engage in NIL activities if they follow state laws where their school is located. Schools must ensure these activities comply with state law.
- Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules.
- Athletes are allowed to seek professional service providers for their NIL activities.
Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
Examples of NIL activities for student-athletes
Here are a few examples of what student-athletes could now be paid for under the NCAA NIL rules:
- Autographs and memorabilia
- Camps and clinics
- Personal appearances
- Merchandise
- Affiliate/ambassador roles
- NFTs
- Blogging
- Podcasting
- Public Speaking
- Music, art, etc.
What high school student-athletes need to know
NIL is an exciting opportunity for both college and high school athletes to make money, but before you dive into name, image and likeness deals as a high school student, there are some important things to keep in mind. It’s a good idea to start preparing early and understand how NIL could impact your path to college.
- State NIL rules: Each state has its own NIL regulations, so what’s allowed in one state may not be the same in another.
- High school NIL rules: Though the NCAA permits high school student-athletes to monetize their NIL, check with your high school or sports association’s rules to avoid violations.
- Colleges and conference-specific NIL rules: In college, you’ll also need to be aware of what your college or conference allows for NIL, not just the state law.
- Know your risks: Engaging in NIL activities without considering the rules set by your state or high school sports association could jeopordize your eligibility to play college sports – and we know you don’t want that!
- Prioritize school and sports: Keep up with your grades and improve your skills for college-level competition – this boosts both your college prospects and future NIL opportunities.
- Seek guidance: Ask current college student-athletes for advice on name, image and likeness. They can connect you with NIL professionals and help you make smart choices! You can also explore the option of consulting with financial management experts, listening to industry leading podcasts and attending NIL workshops.
- Build your online presence: Even if you don’t plan to engage in NIL deals in high school, begin building your online presence on social media. Sharing your journey and interests can help college coaches know you better for recruiting and set the stage for future NIL opportunities.
- Stay informed: NIL rules and regulations are constantly changing as states, schools, and conferences assess their impact on athletes. Staying up to date on these developments and trends will help you make informed decisions.
To understand your NIL rights, regularly check the following sources:
- State laws
- State high school associations
- National and sport governing bodies (i.e. USGA’s NIL Guidance for Collegiate Golfers)
- College/Universities and Conferences you are interested in
What states have signed NIL laws?
States are introducing their own laws and policies related to NIL, and as a result, the regulations governing name, image and likeness deals can vary based on where you live or the college you attend.
In states with active NIL laws, college athletes can earn money following both state and school rules. In states without such laws, the college sets the guidelines for NIL activities.
We’ve gathered data from the Business of College Sports NIL Tracker (last updated Sept 2024) to provide you with a state-by-state overview of the NIL laws impacting college student-athletes. We’ll ensure this information stays current as NIL regulations evolve.
| State | NIL Law Status |
| Alabama | Repealed / Suspended |
| Alaska | None |
| Arizona | Signed into law |
| Arkansas | Signed into law; Amended April 2023 |
| California | Signed into law |
| Colorado | Signed into law |
| Connecticut | Signed into law |
| Delaware | Signed into law |
| District of Columbia (D.C.) | Legislation proposed October 2021 |
| Florida | Signed into law |
| Georgia | Signed into law |
| Hawaii | Bill introduced |
| Idaho | None |
| Illinois | Signed into law; Amended May 2022 |
| Indiana | None |
| Iowa | Legislation proposed |
| Kansas | Legislation proposed |
| Kentucky | Signed into law |
| Louisiana | Signed into law |
| Maine | Signed into law |
| Maryland | Signed into law |
| Massachusetts | Legislation proposed |
| Michigan | Signed into law |
| Minnesota | Legislation proposed |
| Mississippi | Signed into law; Amended April 2022 |
| Missouri | Signed into law; Amended May 2022 and July 2023 |
| Montana | Signed into law |
| Nebraska | Signed into law |
| Nevada | Signed into law |
| New Hampshire | Legislation proposed |
| New Jersey | Signed into law |
| New Mexico | Signed into law |
| New York | Signed into law; Amended July 2023 |
| North Carolina | Signed into law |
| North Dakota | None |
| Ohio | Signed into law |
| Oklahoma | Signed into law; Amended May 2023 |
| Oregon | Signed into law |
| Pennsylvania | Signed into law |
| Rhode Island | Legislation proposed |
| South Carolina | Signed into law |
| South Dakota | None |
| Tennessee | Signed into law; Amended April 2022 |
| Texas | Signed into law; Amended June 2023 |
| Utah | Signed into law |
| Vermont | Legislation proposed |
| Virginia | Signed into law |
| Washington | Legislation proposed |
| West Virginia | Legislation proposed |
| Wisconsin | None |
| Wyoming | None |
High school associations address the NIL rules
Unlike college student-athletes, high school athletes have stricter limitations and may not be able to capitalize on their school’s logo or name. The opportunities for high school athletes to make money from their NIL vary depending on the rules set by their specific association.
Below is access to state-by-state rules and regulations for each high school association.
Insider Tip: We highly recommend that you reach out to your high school athletic director or contact your high school association before engaging with NIL deals as a high school student. They will be able to provide you with the necessary guidance and most up-to-date information specific to your state’s association.
Are colleges/universities creating their own NIL rules?
Yes, each individual school has oversight of NIL deals and the right to object to a deal if it conflicts with existing agreements. Some schools are turning to companies like Opendorse and Teamworks, which offer platforms for athletes to upload their NIL contracts for the compliance department to review and approve.
National governing bodies sport-specific amateurism rules
Similar to states, colleges/universities and conferences, national governing bodies are beginning to create their own NIL guidelines for student-athletes to retain their amateur status.
The first national governing body to address the new NIL policy was USGA (United States Golf Association). The association released their own guidelines that highlights requirements for student-athletes to remain amateur golfers. Below are the rules and regulations for each of the sport-specific national governing bodies:
Below is access to the rules and regulations of sport-specific national governing bodies.
AAU Sports
USA Baseball
US Amateur Basketball
USA Cheer
USA Field Hockey
USGA
USA Gymnastics
USA Ice Hockey
USA Lacrosse
US Rowing
USA Soccer
USA Softball
USA Swimming
USTA
USATF
USA Volleyball
USA Water Polo
USA Wrestling
How to talk to college coaches about NIL
Moving forward, student-athletes interested in monetizing their NIL will need to ask questions about NIL rules when talking with coaches. Before speaking with a coach, prospective student-athletes should create a list of questions about the NIL rules that would impact them. Below are a few suggested questions:
- What NIL rules are enforced by your school and conference?
- What is NIL going to look like for me if I come to your institution?
- How are current student-athletes monetizing their NIL?
- What marketplaces are your current athletes using to monetize on their NIL?
- What platform is your compliance office using to manage and approve NIL contracts?
Helping student-athletes monetize on their NIL
Student-athletes looking to monetize on their NIL will need help securing deals. While there are many companies that have been working with professional athletes for years that will offer their services to college athletes, there are a number of new companies that have recently launched specifically to help collegiate athletes. To learn about some of these new brands, check out the NIL Network’s coverage on digital marketplaces, as well as the BCS tracker which offers a running list of marketplaces.
NCAA NIL FAQs
What does NIL stand for?
NIL stands for name, image and likeness, which primarily pertains to student-athletes in college sports.
What does NIL mean?
NIL refers to the rights of college athletes to control and profit from their name, image and likeness. In the past, these rights were restricted by the NCAA, but policy changes now allow athletes to monetize their personal brand and endorsements while participating in college sports.
When did NIL start?
Effective July 1, 2021, the NCAA approved name, image, and likeness policy allows student-athletes to monetize their NIL. However, no federal legislation or specific NCAA NIL rules have been established. NIL activities and restrictions vary from state to state and school to school, which means student-athletes must understand both sets of rules before entering into any NIL agreements.
What is a NIL deal?
A NIL deal is an agreement or arrangement between a student-athlete and a third party, such as a brand, company or individual, where the student-athlete receives compensation for the use of their name, image and likeness.
What is an NIL collective?
NIL collectives are support networks for college athletes where donors pool together money to compensate athletes for their name, image and likeness. These independent organizations generate NIL deals for athletes at specific schools while operating separately from the schools themselves.
What’s next for NIL?
The NCAA intends to work with federal congressional legislators to replace the interim policy with a single nationwide policy, but there is no timeline on when that might happen. For now, athletes should continue to adhere to NIL rules set in their specific state. NCSA will continue to monitor changes as they relate to NIL laws and provide updates, when available.
Have more questions?
Speak with an expert to discuss where you are in your recruiting journey, how NCSA can help, and to understand guidance and resources available.