The rules around name, image, and likeness have moved faster than almost any other area of sports law. Since 2021, when the NCAA first allowed college athletes to earn money from their NIL, we have seen a patchwork of state laws, shifting school and conference policies, and a wave of litigation that changed how schools, athletes, and the businesses around them operate. For a high school or college athlete, the practical question is not what the headlines say. It is what the rules require of you right now, at your school, in your state.
Where things stand
Two changes matter most for athletes today. First, schools are no longer limited to scholarships and modest stipends. Many now enter into direct agreements with their athletes, and the largest athletics departments share revenue with them. Second, enforcement is no longer governed by one national NIL rulebook. Athletes face a combination of state statutes, school policies, conference rules, and NCAA rules, and those rules can differ from one campus to the next.
The result is a set of questions that change by the month. Does your state allow high school athletes to sign NIL deals? Does your school require you to disclose every deal before you sign it? Can you use school marks or wear a school uniform in an advertisement? What happens to a deal if you enter the transfer portal, or if an injury ends your season?
For high school athletes
High school athletes are usually governed by state association and school district rules rather than NCAA rules, and those rules vary widely. Some states allow NIL deals with limits; others restrict them or require school approval. Before signing anything, confirm what your state association allows, whether your school district has its own policy, whether a parent or guardian needs to sign with you, and whether the deal conflicts with a sponsorship your school already has.
For college athletes
Most college athletes have to disclose NIL deals to their school, and the disclosure usually has to happen before the deal is signed or performed. Beyond disclosure, the two issues that cause the most trouble are exclusivity and international status. A deal with a brand that competes with a school or conference sponsor can create real problems, and athletes on student visas have to consider how earning income in the United States affects their immigration status before they agree to anything.
What I tell athletes
- Read the whole agreement, including the parts about exclusivity, duration, and termination.
- Know which rules apply to you: your state, your school, your conference, and your sport.
- Disclose the deal where required, and keep a copy of every agreement you sign.
- Understand the tax and eligibility consequences before you sign, not after.
- Do not sign an agreement you do not understand because the money is on the table today.
This area of law will keep changing, and the details matter more than the general trends. If a deal, a school policy, or a dispute turns on the fine print, it is worth having a lawyer review it before you sign, and worth having one to call if something goes wrong later.