Understanding NIL Rights for NCAA Student-Athletes

As a college athlete, you have more opportunities to monetize your personal brand than ever before. You might sign autographs for fans at a local sports shop, partner with brands to showcase their athletic gear on your social media, or make paid appearances at community events. However, it's crucial to understand where your individual rights end and the rights of others begin. At Global Sports Advocates, our experienced sports law attorneys can help you navigate contract negotiations, protect your interests, and ensure compliance with state laws, your university’s rules, and NCAA regulations.

NIL Rights for College Athletes

The right of publicity refers to a person’s right to profit from their name, image, and likeness (NIL). For a student-athlete, NIL may include things such as:

Autographs
Wearing athletic or non-athletic branded clothing or accessories
Personal appearances
Promoting a product or service
Providing lessons, camps, or clinics
Fundraising

NIL applies to individual athletes only. Therefore, college athletes must be careful not to use their schools’ trademarked logos or names without permission.

Key Provisions in State NIL Laws

State laws vary, but there are several common themes that have emerged.

Disclosure Requirements

Many states require student-athletes to report NIL agreements to their schools. This ensures transparency and helps institutions monitor potential conflicts with existing sponsorships. For example, if a university has an exclusive apparel deal with one brand, an athlete may not be able to sign a competing endorsement.

Prohibited Activities

State laws often specify types of NIL activities that are off-limits. Common restrictions include:

Promoting alcohol, tobacco, or gambling products
Associating with companies that conflict with school values
Using institutional trademarks or logos without permission

These limitations are intended to balance athlete independence with the interests of schools and sponsors.

School Involvement

The degree to which schools can assist student-athletes with NIL opportunities varies from state to state. Some states prohibit schools from directly facilitating deals to prevent unfair advantages in recruitment, while others allow institutions to provide:

Legal and contract review services
Brand development guidance
Financial advisory services
Marketing and social media training
Professional networking opportunities
NIL education programs

Some states also require schools to designate specific staff members or offices to handle NIL-related matters.

Financial Education

Some states require schools to offer financial literacy programs to athletes. These educational requirements typically include:

Tax obligations and reporting requirements
Budgeting and financial planning
Contract negotiation and evaluation
Understanding market value and fair compensation
Insurance considerations
Professional service provider selection (agents, attorneys, advisors)

Agent and Representation Rules

Most states require agents to be registered with the state or certified by professional organizations to represent athletes in NIL deals. The regulations typically address when and how athletes can engage with agents, including specific rules about fee structures and contract terms. Many states also require athletes to disclose their agent relationships to their schools.

Timing and Eligibility Considerations

State laws may specify when athletes can begin engaging in NIL activities, how international student-athletes are affected, and what impact NIL activities may have on athletic eligibility. States also commonly address the permissibility of multi-year deals that extend beyond an athlete's college career.

Reporting and Compliance

Reporting and compliance requirements ensure transparency and accountability in NIL activities. These provisions may include:

Regular reporting of NIL activities to institutions
Maintenance of accurate records
Compliance with federal and state tax laws
Adherence to NCAA and conference rules
Regular audits or reviews of NIL activities
Documentation of fair market value for compensation

Where States Stand on NIL Agreements

As of January 2025, 32 states have NIL laws affecting student-athletes.

Not all states have enacted NIL-specific legislation. In states where no such laws exist, athletes must adhere to the NCAA’s general guidelines and any policies set by their schools or conferences. The NCAA offers NCAA NIL Assist, a NIL platform in collaboration with Teamworks, to help student-athletes understand and make informed decisions about NIL opportunities. NIL Assist provides educational resources, a directory of providers interested in working with student-athletes, and a database of NIL information reported by Division I programs.