What is NIL? NCAA Rule Explained (2024)

College sports are undergoing a major shift, all because of one important question: Should college athletes be paid? In June 2021, the NCAA responded by implementing an interim policy on name, image and likeness, or NIL, allowing student-athletes to make money from their personal brand. However, it can be a bit complex to navigate.

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 NIL rules for high school athletes and parents involved in the recruiting process. Understanding what’s allowed and what’s not can ensure your eligibility for college sports and maximize your potential for future NIL opportunities.

What does NIL mean? What is the right of publicity?

Name, image and likeness (or 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:

1. Athletes can engage in NIL activities if they follow their state’s laws where their school is located. Schools must ensure these activities comply with state law.
2. Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules.
3. 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

With the NCAA changing the existing NIL rules to begin allowing athletes the right to profit from the use of their own name, image and likeness, here are a few examples of what student-athletes could now be paid for:

• Autographs and memorabilia
• Camps and clinics
• Personal appearances
• Merchandise
• Affiliate/ambassador roles
• NFTs
• Blogging
• Podcasting
• Public Speaking
• Music, art, etc.

Whathigh school student-athletes need toknow

NIL is an exciting opportunity for both college and high school athletes, 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.

1. State NIL rules: Each state has its own NIL regulations, so what’s allowed in one state may not be the same in another.
2. 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.
3. 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.
4. 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!
5. 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.
6. 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.
7. 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.
8. 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 during your high school and college journey.

To understand your NIL rights, regularly check the following sources:

• State laws
• State high school associations
• Nationaland 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. Different states have distinct rules regarding what athletes can endorse and when they can start engaging in these opportunities.

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 July 2023) 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.

High school associationsaddress theNIL rules

High school sports associations are currently navigating the complexities of name, image and likeness. 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 INFLCR, which offer platforms for athletes to upload their NIL contracts for the compliance department to review and approve.

Athletes are expected to understand their school’s NIL policy and keep their school informed of all NIL arrangements. The best way to ensure student-athletes understand school-specific NIL rules is to work directly with their school’s compliance department or their coaches. Check here for a list of institutions with NIL rules and regulations in place.

Nationalgoverning bodiessport-specific amateurism rules

Similar tostates, colleges/universities and conferences, national governing bodiesare beginning to create their ownNILguidelines forstudent-athletes to retain their amateur status. The first national governing body to address the new NIL policy is USGA. The associationreleased their own set of guidelinesthat highlighted threerequirements forstudent-athletes to remain amateur golfers.

• The NIL-related actions are allowed under the NCAA’s interim policy,
• He or she remains on a team roster while the NIL-related activities take place, and
• There are no other breaches of the Rules of Amateur Status in connection with the NIL activities.

Below is access to the rules and regulationsof sport-specific nationalgoverning bodies.

AAU Sports
USA Baseball
US Amateur Basketball
USA Cheer
USA Field Hockey
USA Football
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-athletesmonetizeon their NIL

Student-athletes looking to monetize on theirNILwill need help securing deals.While there are many companies that have beenworking with professional athletes for yearsthat will offer their services to college athletes, there area number ofnew companies thathaverecentlylaunchedspecifically to helpcollegiate athletes.To learn about some of these new brands, check out theNIL Network’scoverageon digital marketplaces, as well as theBCS trackerwhich offers a running list of marketplaces.

What’s nextfor 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 to the team, when necessary.

For student-athletes lookingforadditional resources covering NIL updateson an ongoing basis, check out theweeklyNIL Network podcast, Fi-Nil-ly.

NCAA NIL FAQs