College Athlete Name, Image, and Likeness Rights Under the Law: 50-State Survey

While a college athlete cannot receive “pay for play,” they recently have received the right to compensation for the use of their name, image, and likeness. The National Collegiate Athletic Association introduced new rules in July 2021 to permit NIL agreements involving student-athletes. Many states have passed laws to govern these contracts, providing a framework for both athletes and schools. In states that have not passed NIL laws, only NCAA rules and conference or school policies control NIL agreements.

State laws vary, but some common provisions include:

Prohibiting schools from withholding scholarships or eligibility to participate in athletics from athletes who exercise NIL rights
Prohibiting schools from providing NIL compensation to current or prospective student-athletes or using NIL agreements as recruiting inducements
Allowing athletes to hire agents, attorneys, or other representatives to assist them with NIL contracts, and providing requirements for these representatives
Requiring athletes to disclose NIL agreements to schools, and prohibiting agreements that conflict with school or team contracts
Prohibiting athletes from endorsing alcohol, tobacco, marijuana, gambling, adult entertainment, or other morally questionable activities
Protecting the intellectual property rights of schools
Requiring schools to provide financial literacy training for athletes
Allowing schools to prohibit athletes from engaging in NIL activities during official team activities

While some state laws took effect in July 2021, when the NCAA introduced its NIL policy, others were scheduled to take effect later in 2021, or in 2022, 2023, or beyond. A few states allow each school to decide when it will implement the law, within a certain time limit. The NIL laws for athletes and schools in each state are summarized below.

Alabama

Law: None
Effective: N/A
Rules Include: Alabama initially passed an NIL law, but it was repealed in February 2022. Athletes are subject only to NCAA rules and conference or school policies.

Alaska

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Arizona

Law: Arizona SB 1296
Effective: July 23, 2021
Rules Include: Athletes cannot enter into contracts that conflict with their team contracts. Athletes cannot enter into contracts that conflict with the intellectual property rights of anyone else, including their school. Agents hired by athletes must meet certain licensing requirements. The law does not explicitly require athletes to disclose NIL contracts to their school.

Arkansas

Law: Arkansas HB 1671
Effective: January 1, 2022
Rules Include: Athletes cannot endorse alcohol, tobacco, gambling, weapons, pharmaceuticals, banned athletic substances, drugs or drug paraphernalia, or adult entertainment. Athletes must disclose proposed NIL contracts, including projected compensation, to a designated official at the school. NIL contracts must not conflict with school contracts, policies, or rules. Athletes cannot engage in NIL activities during games or practices. Agents and attorneys hired by athletes must be licensed by the state.

California

Law: California SB 206
Effective: September 1, 2021
Rules Include: Athletes cannot enter into NIL contracts that conflict with their team contracts. NIL agreements must be disclosed to a designated official at the school. Agents for athletes must be licensed under state law. Team contracts cannot prevent athletes from engaging in NIL activities when they are not engaged in official team activities. Schools cannot pay NIL compensation to prospective student athletes. The law does not apply to athletes at community colleges, although this may change.

Colorado

Law: Colorado SB 20-123
Effective: July 1, 2021
Rules Include: Athletes cannot enter into NIL contracts that conflict with team contracts. Team contracts cannot prevent athletes from engaging in NIL activities outside official team activities. An athlete must disclose an NIL contract to the athletic director at their school within 72 hours after entering into it or before their next scheduled athletic event, whichever is sooner. Schools cannot provide compensation to current or prospective student athletes, pay prospective student athletes for their athletic ability or performance or potential athletic ability or performance, or prevent student athletes from hiring advisors, attorneys, or other professional representation related to NIL contracts.

Connecticut

Law: Connecticut HB 6402
Effective: September 1, 2021 (for NIL provisions)
Rules Include: Athletes must comply with school policies regarding endorsement contracts and employment activities. Schools must adopt these policies, which must address certain issues. School policies must require athletes to disclose NIL agreements, and athletes cannot enter into NIL agreements that conflict with school contracts. Schools must identify any prohibited types of endorsements. Athletes must not engage in NIL activities that interfere with official team activities or academic obligations. Athletes can hire agents or attorneys for NIL deals.

Delaware

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

District of Columbia

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Florida

Law: Florida SB 646
Effective: July 1, 2021
Rules Include: Athletes cannot enter into NIL contracts that conflict with their team contracts. An athlete must disclose an NIL contract to a designated official at their school. NIL contracts cannot extend beyond the participation of the athlete in the athletic program. NIL compensation cannot be based on athletic performance or attendance at a school, and only parties not affiliated with the school may provide NIL compensation to athletes. Schools must provide at least five hours of financial literacy and life skills training to athletes.

Georgia

Law: Georgia HB 617
Effective: July 1, 2021
Rules Include: Schools may require athletes to share up to 75 percent of their NIL compensation, which will be pooled for the benefit of people previously enrolled as student athletes at the same school. (However, schools can opt out of the revenue sharing provision, and Division I schools likely will.) Schools must provide at least five hours of financial literacy and life skills training to athletes. Athletes cannot enter into NIL contracts that conflict with their team contracts, and athletes must disclose NIL contracts to a designated official at their school. Team contracts cannot prevent athletes from engaging in NIL activities outside official athletic program activities.

Hawaii

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Idaho

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Illinois

Law: Illinois SB 2338
Effective: July 1, 2021
Rules Include: Athletes cannot enter into NIL contracts that conflict with school contracts, rules, or policies. Athletes must disclose NIL agreements to the school. Athletes must not endorse alcohol, tobacco, marijuana or other drugs, gambling, performance-enhancing supplements, or adult entertainment. Compensation in NIL deals must not be based on athletic ability or participation, or attendance at a school. Schools may impose reasonable limitations on the dates and times when athletes can engage in NIL activities. Boosters cannot use NIL contracts as recruiting inducements.

Indiana

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Iowa

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Kansas

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Kentucky

Law: Kentucky Executive Order 2021-418
Effective: July 1, 2021
Rules Include: Athletes may be prevented from entering into NIL contracts that conflict with school contracts or activities. Athletes may be required to disclose NIL contracts to a designated official at the school. Schools may impose reasonable limitations and rules for the dates and times of NIL activities. Schools may prevent athletes from endorsing activities that conflict with the image, purpose, or mission of the school, such as alcohol, tobacco, weapons, and sexually oriented activities. Schools should provide financial literacy, social media, brand management, and time management education and resources to athletes, although this is not strictly required. The Kentucky legislature eventually passed a law that essentially mirrored the executive order and went into effect in March 2022.

Louisiana

Law: Louisiana SB 60
Effective: July 1, 2021
Rules Include: Athletes may be prevented from entering into NIL agreements that conflict with school contracts or values. NIL activities cannot use school intellectual property without school permission. Athletes cannot endorse alcohol, tobacco, gambling, illegal substances, or banned athletic substances. NIL contracts will not last beyond the participation of the athlete in the school athletic program. Schools and boosters cannot use NIL deals as recruiting inducements. Schools must provide at least five hours of financial literacy and life skills training to athletes, including information on financial aid, debt management, recommended budget, time management skills, and academic resources.

Maine

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Maryland

Law: Maryland SB 439
Effective: July 1, 2023 (for NIL provisions)
Rules Include: Athletes cannot enter into NIL agreements that conflict with their athletic program contracts. Any NIL agreement must be disclosed to a designated official at the school. Athletes do not have a right to use school intellectual property in NIL activities without school permission. Schools may prohibit athletes from engaging in NIL activities during official and mandatory team activities. Athletes may hire agents and other representatives to assist with NIL activities.

Massachusetts

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Michigan

Law: Michigan HB 5217
Effective: December 31, 2022
Rules Include: Athletes must disclose proposed NIL contracts to their school at least seven days before committing to them. Athletes must not enter into NIL contracts that conflict with their team contracts if the NIL contract involves displaying the apparel of a sponsor or advertising for the sponsor during official team activities. NIL agreements that conflict with school contracts may be revised to avoid the conflicts. Schools cannot prevent athletes from hiring agents or attorneys for NIL activities. Athletes cannot use school intellectual property in NIL activities without school permission.

Minnesota

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Mississippi

Law: Mississippi SB 2313
Effective: July 1, 2021
Rules Include: Athletes must provide seven-day notice to a school when selecting an agent to assist with NIL opportunities. NIL contracts generally cannot conflict with school contracts, rules, or requirements. Athletes must disclose any proposed NIL contracts to a designated official at the school before executing them. Schools and boosters cannot use NIL deals as recruiting inducements. Athletes cannot endorse alcohol, tobacco, gambling, marijuana or other drugs, performance-enhancing supplements, or adult entertainment. NIL contracts cannot extend beyond an athlete’s participation in their sport at the school. Schools can impose reasonable limitations on dates and times when athletes can engage in NIL activities. The law was amended in 2022 to permit communication between school employees and third parties seeking to work with athletes.

Missouri

Law: Missouri HB 297
Effective: August 28, 2021
Rules Include: Athletes cannot enter into NIL agreements that conflict with school contracts without school permission. Athletes must disclose NIL agreements to the school before executing them. Athletic program contracts cannot prevent athletes from engaging in NIL activities outside official, mandatory team activities. Schools cannot provide NIL compensation to current or prospective student athletes. Schools that enter into contracts that directly or indirectly require the use of an athlete’s name, image, or likeness must conduct financial development programs for athletes. A 2022 amendment allows coaches and other school employees to assist with NIL deals, subject to some restrictions.

Montana

Law: Montana SB 248
Effective: June 1, 2023
Rules Include: Athletes cannot enter into NIL agreements that conflict with school contracts or team rules. Any NIL contracts must be disclosed to an official at the school. Schools and athletic associations cannot provide NIL compensation to prospective or current student athletes. A school may serve as an agent to manage athlete NIL contracts and may include provisions in scholarship agreements allowing the school to use the athlete’s name, image, and likeness.

Nebraska

Law: Nebraska LB 962
Effective: July 1, 2023 or earlier (see below)
Rules Include: Athletes cannot engage in NIL activities during official team activities. Athletes cannot enter into NIL deals that conflict with team contracts, and they must disclose any NIL deals to a designated official at the school. Athletics associations cannot penalize schools for allowing athletes to exercise NIL rights. Athletes may hire professional representation for NIL activities. Each school has the authority to determine when these rules will start applying to its athletic program, but this must be on or before July 1, 2023.

Nevada

Law: Nevada AB 254
Effective: January 1, 2022
Rules Include: An athlete cannot enter into NIL agreements that conflict with a contract between the athlete and the school. School policies can impose reasonable restrictions on NIL agreements, and schools can prohibit athletes from receiving compensation for NIL use related to official activities of the school or its intercollegiate sports. Athletes must disclose any NIL agreements to the school. Prospective student athletes must disclose any prior or existing NIL agreements before signing a letter of intent with the school. A school may require an athlete to receive instruction in contracts, financial literacy, or other subjects necessary to prepare them to enter into contracts.

New Hampshire

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

New Jersey

Law: New Jersey S 971
Effective: 2024-25 academic year (fifth academic year after passage)
Rules Include: Athletes cannot endorse adult entertainment, alcohol, gambling, tobacco, prescription drugs, controlled substances, or weapons. Schools cannot pay NIL compensation to current and prospective student athletes. All NIL deals must be disclosed to a designated official at the school. Athletes cannot enter into NIL agreements that conflict with their team contracts. Schools can use the name, image, and likeness of an athlete without paying additional compensation to the athlete. Team contracts cannot prevent athletes from engaging in NIL activities outside official team activities.

New Mexico

Law: New Mexico SB 94
Effective: July 1, 2021
Rules Include: Schools cannot punish an athlete for getting NIL compensation from a third party, or for receiving food, shelter, medical expenses, or insurance from a third party. Schools must not use NIL deals as recruiting inducements or arrange for third-party NIL deals. Schools may prevent athletes from engaging in NIL activities during official, mandatory team activities. An agent who has represented a school in the last four years cannot represent an athlete attending that school.

New York

Law: New York SB 5891
Effective: Immediately (passed November 2022)
Rules Include: A school cannot give an athlete NIL compensation. A school cannot revoke an athlete's scholarship due to earning NIL compensation or getting an agent to assist them with NIL matters. An athlete cannot enter into a contract if it would cause certain types of conflicts, such as a violation of the team contract, a violation of the school's code of conduct, financial damage or reputational loss to the school, the use of school intellectual property, or activities by the athlete during classes or team activities. A team cannot prevent an athlete from using their NIL for a commercial purpose when they are not engaged in official team activities. Each athletic program that participates in Division 1 NCAA athletics must offer a student-athlete assistance program.

North Carolina

Law: North Carolina Executive Order 223
Effective: July 2, 2021 (immediately)
Rules Include: Schools cannot compensate athletes for using their NIL and cannot use NIL deals as recruiting inducements. Athletes may be prohibited from entering into NIL deals that conflict with school contracts. Schools may prevent athletes from endorsing products or brands that are contrary to school values or may undermine the image of the school. Schools may limit NIL compensation during team activities and school events, and they may limit NIL compensation related to the use of school facilities, equipment, and intellectual property. Schools are encouraged (but not required) to provide financial literacy and life skills training to athletes.

North Dakota

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Ohio

Law: Ohio Executive Order 2021-10D
Effective: July 1, 2021
Rules Include: Schools cannot pay NIL compensation to prospective student athletes. Athletes cannot advertise for sponsors during official team activities. Athletes cannot enter into NIL agreements that conflict with school contracts. Any proposed NIL contract must be disclosed to a designated official at the school. Athletes may be prohibited from endorsing marijuana or other drugs, alcohol, tobacco, adult entertainment, or gambling. Athletes cannot use school intellectual property in NIL activities without school permission. Contracts between schools and athletes cannot prevent athletes from engaging in NIL activities outside official team activities.

Oklahoma

Law: Oklahoma SB 48
Effective: July 1, 2023 or earlier (see below)
Rules Include: Athletes cannot enter into NIL agreements that conflict with team contracts. Any NIL agreement must be disclosed to a school within 72 hours or before the athlete’s next scheduled athletic event, whichever is earlier. NIL compensation cannot be tied to athletic performance, participation in college sports, or attendance at a certain school. Athletes cannot advertise for sponsors during team activities and cannot use school intellectual property during NIL activities. Athletes cannot sign NIL deals that reflect negatively on the school or conflict with its policies. NIL deals cannot last beyond the athlete’s participation in their sport at their school. Each school can decide when it will recognize these rules, but it must be on or before July 1, 2023.

Oregon

Law: Oregon SB 5
Effective: July 1, 2021
Rules Include: Athletes cannot enter into NIL agreements that conflict with school contracts or team rules. Athletes may receive food, drink, lodging, or medical expenses or insurance coverage as NIL compensation. Any NIL agreement must be disclosed to a designated official at the school. Schools cannot pay NIL compensation to current or prospective student athletes. An athlete at a post-secondary educational institution cannot be represented by an agent who represented a post-secondary educational institution at any time in the last four years. A related law was passed in 2022 that requires businesses that make jerseys, video games, and trading cards to pay NIL compensation to athletes who are featured.

Pennsylvania

Law: Pennsylvania SB 381
Effective: June 30, 2021 (took effect immediately upon passage)
Rules Include: Athletes cannot endorse alcohol, tobacco, gambling, adult entertainment, prescription drugs, or controlled substances. Any NIL deal must be disclosed to a designated official at the school at least seven days before it is executed. Athletes may be prohibited from entering into NIL contracts that conflict with school sponsorship arrangements at the time of disclosure. Athletes cannot use school intellectual property in NIL activities without school permission. Schools may not use NIL deals as recruiting inducements. An athlete cannot hire an agent who also represents an institution of higher education.

Rhode Island

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

South Carolina

Law: South Carolina S 685
Effective: July 1, 2021 (moved up from July 1, 2022)
Rules Include: Athletes may receive compensation only for third-party endorsements, non-athletic work product, or activities related to a business that they own. NIL compensation may be provided only by a party not affiliated with the athlete’s school and cannot be based on athletic performance or used as a recruiting inducement. Athletes cannot use school intellectual property, facilities, or uniforms in NIL activities. Athletes cannot engage in NIL activities during academic, athletic, or team-mandated activities. NIL contracts must be disclosed to the school before they are signed. Athletes cannot endorse alcohol, tobacco, gambling, illegal substances, or banned athletic substances.

South Dakota

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Tennessee

Law: Tennessee HB 1351
Effective: January 1, 2022
Rules Include: Schools may adopt reasonable time, place, and manner restrictions to prevent NIL activities from interfering with team activities, school operations, or the use of school facilities. Athletes may be prohibited from engaging in NIL activities that conflict with school values. Athletes may not endorse gambling, tobacco, alcohol, or adult entertainment. Schools may prohibit the use of their intellectual property in NIL activities. Athletes may not enter into NIL contracts that conflict with school contracts. NIL deals must not extend after the athlete’s participation in their sport at their school. Schools must provide financial literacy training for athletes. An amendment in the spring of 2022 allows athletic department employees to be part of the NIL process, subject to some restrictions.

Texas

Law: Texas SB 1385
Effective: July 1, 2021
Rules Include: Athletes cannot enter into NIL agreements that conflict with their team contracts or with school contracts or policies. Any proposed NIL agreement must be disclosed to the school before the athlete enters into it. NIL compensation cannot be based on athletic performance or attendance at a school and cannot be used as a recruiting inducement. An athlete cannot endorse alcohol, tobacco, gambling, anabolic steroids, sexually oriented activities, or firearms that the athlete cannot legally purchase. An NIL agreement cannot last beyond the athlete’s participation in the athletic program. Schools must require athletes to attend financial literacy and life skills training.

Utah

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Vermont

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Virginia

Law: Virginia SB 223
Effective: July 1, 2022
Rules Include: Schools cannot make an athlete ineligible for competition or revoke their scholarship based on earning NIL compensation or getting professional representation for NIL matters. Athletes must disclose NIL agreements to the school before they are executed. Athletes may be prevented from entering into NIL agreements that conflict with school contracts. Athletes may be prevented from earning NIL compensation during academic, official team, or athletic department activities. Athletes cannot endorse gambling, alcohol, adult entertainment, cannabis or other drugs, performance-enhancing substances, drug paraphernalia, tobacco, or weapons. Athletes cannot use school intellectual property, facilities, equipment, or uniforms in NIL activities without school permission.

Washington

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

West Virginia

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Wisconsin

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Wyoming

Law: None
Effective: N/A
Rules Include: Only NCAA rules and conference or school policies.

Last reviewed October 2022

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