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- Herausgeber: John Wiley & Sons
- Kategorie: Lebensstil
- Sprache: Englisch
The definitive guide for athletes to understand and earn from name, image, and likeness (NIL) rights
The first comprehensive guide designed to help college, high school, and youth athletes navigate the name, image, and likeness (NIL) rights they've gained since 2021, The Athlete's NIL Playbook walks readers through NIL rules, opportunities, and red flags, showing them how to build a personal brand, find deals, reach out to companies, and negotiate terms. Along with real-life examples, exercises, and pitch templates, this book includes case studies from college and high school athletes who have successfully navigated this burgeoning market: the Cavinder Twins, Olivia Dunne, Travis Hunter, Chase Griffin, Emily Cole, and many more.
Written by Kristi Dosh, a seasoned sports business reporter and founder of a nationally-recognized news platform covering the business of college sports, this book covers aspects of NIL including:
- The types of opportunities available (social media marketing, lessons, camps/clinics, merchandise, personal appearances, and more)
- Whether you need an agent or not, and how to find the right one if you do
- Working with third parties like collectives and marketplaces and protecting/registering your own intellectual property
A true playbook for leveraging and capitalizing on NIL monetization opportunities, The Athlete's NIL Playbook is an essential read for athletes and parents seeking to ensure athletic success is matched with lucrative financial and career opportunities that can go far beyond graduation.
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Veröffentlichungsjahr: 2025
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Table of Contents
Cover
Table of Contents
Title Page
Copyright
Dedication
Foreword
Introduction
Chapter 1: NIL Rules in College and High School Sports
How We Got Here
NCAA NIL Rules
NAIA Rules
NJCAA Rules
Institutional Rules
High School Rules
International Athletes
Notes
Chapter 2: NIL Activities and Opportunities
Social Media Marketing
Affiliate and Ambassador Roles
Lessons, Camps, and Clinics
Appearances and Autographs
Merchandise and Memorabilia
Group Licensing and Team-Wide Deals
NFTs
Podcasts, Radio, and Blogs
Books
Public Speaking and Messaging
Music
Art
Car Deals and Other Free Products and Services
Notes
Chapter 3: Defining and Growing Your Personal Brand
Developing Your NIL Strategy: The Three Questions
The Riches Are in the Niches
Note
Chapter 4: Social Media Marketing
Optimizing Your Profile
Choosing the Right Username
Choosing the Right Profile Photo
Writing the Perfect Bio
How to Grow Your Following and Engagement
Getting Verified on Instagram
Notes
Chapter 5: Finding Deals, Pitching Yourself, Pricing, and Negotiations
Where to Find Deals
Proactive Outreach
How Most Deals Work
Negotiating the Deal
Notes
Chapter 6: Working with Third Parties: Collectives, Marketing Agencies, and More
Collectives
Marketing Agencies
Third Parties Offering Advances
Notes
Chapter 7: Licensing and Intellectual Property
Protecting Your IP Without Violating Someone Else's
Group Licensing and Co-Branding
Trademarks
Notes
Chapter 8: NIL Agents
Who Needs an Agent?
Questions to Ask Before Signing with an Agent
Things to Look for in Your Agency Contract Before You Sign
What It's Like to Work with an Agent
Having the Wrong Agent Is Worse Than Having No Agent
Parents, Family Members, and Friends as Agents
Notes
Chapter 9: Contracts and Other Legal Issues
Benefits of a Written Contract
Understanding Contracts for Content Creators
Note
Chapter 10: Growing and Maintaining Your Brand Beyond College
Continuing to Work with Brands After Graduation
Making Connections
Chapter 11: The Future of NIL and Revenue Sharing in College Sports
The Future of NIL
Increased Institutional Involvement
Revenue Sharing
Ongoing Legal Challenges
Notes
Conclusion
Acknowledgments
About the Author
Index
End User License Agreement
Guide
Cover
Title Page
Copyright
Dedication
Foreword
Introduction
Table of Contents
Begin Reading
Conclusion
Acknowledgments
About the Author
Index
End User License Agreement
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THE ATHLETE’S NIL PLAYBOOK
The Complete Guide to Owning and Profiting from Your Name, Image, and Likeness
KRISTI DOSH
FOREWORD by HALEY and HANNA CAVINDER
Copyright © 2025 by John Wiley & Sons. All rights reserved, including rights for text and data mining and training of artificial intelligence technologies or similar technologies.
Published by John Wiley & Sons, Inc., Hoboken, New Jersey.Published simultaneously in Canada.
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Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Further, readers should be aware that websites listed in this work may have changed or disappeared between when this work was written and when it is read. Neither the publisher nor authors shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.
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Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic formats. For more information about Wiley products, visit our web site at www.wiley.com.
Library of Congress Cataloging-in-Publication Data is Available:
ISBN 9781394354054 (paper)ISBN 9781394354061 (ePub)ISBN 9781394354078 (ePDF)
Cover Design: WileyCover Images: © Mysterylab/stock.adobe.com, © Tartila/stock.adobe.comAuthor photo: © Kristi Dosh
Disclaimer: The material in this book is made available for educational purposes. It provides general information and is not intended to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
To every athlete who contributed to this book or shared their NIL journey with me over the past four years, thank you! It’s been the highlight of my career watching you all take advantage of these new opportunities, and I can’t wait to see what you do next.
Foreword
When we first heard about NIL (Name, Image, Likeness), it felt like a game-changer – literally. For us, it wasn't just about sponsorships and deals; it was about taking control of our story, our brand, and our future. As athletes, we're used to the hustle on the court, but NIL taught us how to hustle off the court, too, turning our passion into opportunities that go beyond the game.
Our journey in NIL has been filled with lessons. We learned how to navigate partnerships, negotiate deals, and balance the demands of being both athletes and entrepreneurs. It wasn't always easy. There were moments of doubt, times when we wondered if we were doing it right. But with the right guidance and a strong support system, we found our rhythm – just like we do when we're in sync on the court. Having the right people in our corner made all the difference. Our agents, Jeff Hoffman and Alexi Hecht, have been instrumental in guiding us through the complexities of NIL, ensuring we not only secured the right opportunities but also stayed true to our values and vision.
The Athlete's NIL Playbook is the guide we wish we had when we started. It's more than just strategies and rules; it's a roadmap to building your personal brand with authenticity and purpose. This book breaks down complex concepts into actionable steps, helping athletes of all levels understand how to maximize their NIL potential while staying true to who they are.
What we love most about NIL is that it's not one-size-fits-all. Whether you're a student-athlete at a big program or a hidden gem at a smaller school, there are opportunities out there waiting for you. NIL isn't just for the stars; it's for anyone willing to put in the work, be creative, and tell their story.
As you dive into this playbook, remember this: Your brand is powerful because it's yours. No one can tell your story the way you can. Use your voice, lean into your passions, and don't be afraid to bet on yourself. NIL has given athletes a platform like never before – what you do with it is up to you.
– Haley and Hanna Cavinder
Introduction
One of the first topics I covered when I started writing about the business of college sports was Ed O'Bannon's lawsuit, which centered around the use of the likeness of college athletes in EA Sports video games without providing compensation to the athletes. Although the judge ruled in favor of O'Bannon, her decision didn't usher in name, image, and likeness (NIL) rights but instead cost-of-attendance stipends.
At the time, athletes in all of the major organizations that govern college athletics – the NAIA, NCAA, and NJCAA – prohibited athletes from earning money from activities that used their name, image, or likeness. This meant they couldn't get paid to promote a brand on their social media, to sign an autograph, or to have their name on a jersey. Or, in the case of O'Bannon, for being depicted in a video game.
In the decade since the case was decided in 2014, I've covered multiple lawsuits and rules changes that have increasingly provided new benefits to college athletes. It wasn't until 2021, however, that college athletes were finally able to profit off their name, image, and likeness without fear of losing their eligibility. Since then, NIL rights have trickled down to many high school and youth athletes.
Much of the conversation in the media is consumed with the large sums of money being offered to top recruits and current athletes, in sports like football and men's basketball. There are also numerous athletes who've become household names thanks to their large social media followings that have allowed them to sign lucrative marketing deals, such as LSU gymnast Livvy Dunne and women's basketball athletes Haley and Hanna Cavinder.
I've interviewed and interacted with thousands of college athletes since the NIL rules were changed in 2021 through both my reporting and speaking on campuses. There are incredible untold stories of athletes across every sport who've been able to pay tuition and rent, buy reliable transportation, and save for their future thanks to NIL. Some have even set themselves up for success beyond graduation by gaining skills from NIL that make them more marketable in their career field, introduce them to valuable contacts, or even enable them to start their own businesses that aren't dependent on their athletic participation.
Certainly it's true that NIL has introduced new realities in recruiting, transferring, and the relationship between donors and athletes. However, if we put that aside for a moment, it's worth noting that it has also allowed athletes to earn revenue from writing books, performing music, creating apparel and other merchandise, coaching youth athletes, and more.
Over the past 15 years, I've spoken on dozens of campuses about preparing for life after sport. One of the top complaints I heard from athletes was that they didn't have time to do internships like their non-athlete teammates and didn't know what to put on their resumes as they entered the workforce. NIL has offered opportunities to add hard skills to the soft skills they gain as athletes, including video production and editing, social media marketing, instruction, and more. I've even met athletes who've asked for micro-internships with companies as part of their NIL deals in order to get experience in their chosen field or for calls with the CEO to make valuable connections.
Leah Clapper, a former UF gymnast who served as a teaching assistant in my NIL course, was able to generate revenue not only from her own social following but also from creating user-generated content (UGC) for brands. This work followed her after graduation, and she was recruited by a venture capital company to run their social media and produce their podcast thanks in no small part to the video skills she honed while working on her own NIL deals.
Anna Camden, a women's basketball athlete at Penn State and then Richmond, had aspirations of being a sports broadcaster one day. It's a dream she's quickly making a reality as she completes her time as a college athlete.
As part of Meta's Empower program – where she was chosen from hundreds of applicants to take part in a small-group NIL program – she connected with agent Pat Curran. She mentioned to him that she wanted to be a sports broadcaster, and he suggested she start using her social media platform to create content analyzing sports so she could start building a portfolio and maybe even attract attention from someone in the industry.
It only took two weeks for her new plan to land her an incredible opportunity. Camden saw Pat give advice to his social media followers about stitching content with Richard Jefferson, a basketball analyst for ESPN. So she created a stitch, and two days later she was making her ESPN debut on NBA Today. Since then, she's had additional opportunities to work with CBS and the Big Ten Network during the Big Ten's men's basketball tournament in 2023, as a sports anchor on the Centre County Report, a student-run newscast at Penn State, and as a sideline reporter for the University of Richmond.
These are two quick examples of athletes who've leveraged NIL opportunities to create meaningful change in their lives that extends beyond their collegiate athlete experience. It's my favorite part of NIL, and I can't wait to share even more athlete stories with you within the pages of this book.
Although I will include stories about some of the most well-known college athletes in order to give a full 10,000-foot view of the NIL marketplace, I've attempted to include stories, advice, and tips that can help any athlete leverage their NIL, regardless of their level, school, or sport.
This book isn't just for athletes, though; it's also a practical primer for anyone looking to get involved in this burgeoning industry. New jobs have been created on campuses and within a variety of companies working in this space to support athletes and institutions.
For the athletes reading this – or the parents who will distill it down for them later – I hope you find these stories inspiring and that the practical how-to advice allows you to create your own opportunities. NIL is for everyone, and I can't wait for you to be the next athlete story I'm telling!
Chapter 1NIL Rules in College and High School Sports
What Is NIL?
NIL stands for “name, image, and likeness.” In the context of college sports, it's used to identify opportunities for athletes to earn money through activities they engage in, or products they create, that rely on their name, image, or likeness. Examples include content creation for brands on social media, signing autographs, teaching lessons, coaching at a camp, creating their own products like T-shirts, and earning from trading cards, jerseys, and other merchandise. We'll dive into more ways athletes can monetize their NIL in Chapter 2.
In October 2020, NAIA athlete Chloe Mitchell became the first college athlete to legally monetize her name, image, and likeness. As an incoming freshman at Aquinas College in Grand Rapids, Michigan, Mitchell was able to quickly leverage her NIL following the rules change to work with brands based on her massive social following, which she'd grown from just 32 followers to more than two million during the COVID-19 pandemic as she turned a backyard shed into her own personal retreat, documenting it all for TikTok along the way.
The NCAA and NJCAA followed suit and began allowing their athletes to monetize their NIL in July 2021. Since then, college athletes at every level, in every division, in every sport at every school have engaged in NIL activities. Naysayers who doubted that athletes beyond the most visible sports – football and men's basketball – could monetize their NIL have been proved wrong. Both male and female athletes across the college landscape have received cash, free products, meals, and more in exchange for social media posts, personal appearances, and other uses of their NIL.
Organizations Governing Intercollegiate Athletics
National Collegiate Athletic Association (NCAA)
Divided into: Division I (DI), Division II (DII), and Division III (DIII)
Division I football is divided into: Football Bowl Subdivision (FBS) and Football Championship Subdivision (FCS)
Note: Within the FBS, you'll hear the terms
Power 5/4
and the
Group of 5
. The Power 5 comprises these conferences: Atlantic Coast Conference (ACC), Big 12, Big Ten, Pac-12, and Southeastern Conference (SEC). The Power 4 removes the Pac-12 because it was down to only two schools in 2024. The Group of 5 comprises these conferences: American Athletic Conference (The American), Conference USA (CUSA), Mid-American Conference, Mountain West Conference, and Sun Belt Conference.
National Association of Intercollegiate Athletics (NAIA)
National Junior College Athletic Association (NJCAA)
NIL hasn't been limited to college athletes, either. Since rule changes in the NAIA, NCAA, and NJCAA in 2020 and 2021, state laws and state high school sports association rules have been passed and amended to allow high school athletes in more than half the states to participate in NIL deals as well. Major national brands like Nike, Kay Jewelers, and Panini have expanded their marketing efforts to work with high school athletes.
Unfortunately, there's a patchwork of state laws and institutional/organizational rules across the country that mean one college or high school athlete might have to abide by different rules than another. Let's take a look at how we got here, and the key rules you need to know at each level to ensure you remain eligible.
Note: If you're not as interested in the history of the movement toward granting athletes NIL rights, skip this next section and go straight to the rules to ensure you're engaging in NIL safely.
How We Got Here
Prior to the NIL rules changing in 2020 (NAIA) and 2021 (NCAA), athletes were prohibited from making money from their name, image, or likeness. This prevented athletes from being compensated for social media posts featuring brands, getting paid to speak, selling their own merchandise, or anything else that relied on their NIL.
It is important to note the NCAA had a waiver process through which athletes could get approval for ventures that didn't involve their athletic ability or notoriety as an athlete. A source from the NCAA told me in 2019 that over the previous five years it had approved approximately 90% of requests received, totaling nearly 400.
For example, Arike Ogunbowale received a waiver from the NCAA in 2018 to compete on Dancing with the Stars, which allowed her to keep any money earned from the show. However, she wasn't allowed to promote her appearance, which included having to skip a group appearance with other dancers on Good Morning America.
However, other athletes had a more difficult time getting waivers. UCF kicker Donald Da La Haye was ruled ineligible after he refused conditions the NCAA put on his successful YouTube channel, namely that he had to have a nonmonetized channel that didn't take advantage of YouTube's ad network.1
Shortly thereafter, Texas A&M freshman track and field athlete Ryan Trahan was also temporarily ruled ineligible for a similar issue with his YouTube channel. The problem? It featured both his running and a water bottle company he created in high school. He was later granted a waiver but required to keep separate social media channels for his running and his business.2
Jeremy Bloom is one of the more famous cases of an athlete who was ruled ineligible thanks to his promotional work. Bloom was an Olympic and World Cup skier who had endorsed ski equipment, modeled, and taken advantage of other opportunities prior to college enrollment. Then he was recruited to by the University of Colorado to play football.
At the time, athletes could compete collegiately in one sport and play another professionally, with the caveat that they couldn't receive income for endorsing products for the other sport (although they could collect salaries or signing bonuses, such as the $1.75 million bonus Roscoe Crosby received from the Kansas City Royals while still playing football for Clemson).
Colorado's initial efforts to obtain a waiver so Bloom could play were initially denied. As a result, Bloom discontinued his skiing endorsements and other unauthorized activity. Although he was able to then play football at Colorado, he later sued the NCAA over its rules.
After giving up his endorsements for two seasons at Colorado, Bloom needed them to help fund his training for the Olympics coming up in 2006 in Torino, Italy. When the NCAA wouldn't allow it, he took them to court. Ultimately, he lost at the trial court level and again when he appealed. It ended his collegiate football career, although he did go on to compete in two more Olympics and played in the NFL for one season.3
The rule changes in July 2021 would change all of that for athletes moving forward. The question of how and why the changes happened is more a game of dominos than a clear-cut answer as a result of just one event.
It can be argued that Sam Keller and Ed O'Bannon's lawsuits against the NCAA, Collegiate Licensing Company (CLC), and Electronic Arts, each filed in 2009, caused the first domino to fall. Both cases argued that athletes should be compensated for use of their name, image, and likeness in EA Sports's video games.
O'Bannon brought his case after seeing himself in EA Sports's NCAA Basketball 09 game. Although the player was unnamed, he wore a UCLA jersey, played O'Bannon's power forward position, shot left-handed, wore his No. 31 jersey, and matched his height, weight, and skin tone.
Sam Keller, a former Nebraska football athlete, filed a similar suit shortly before O'Bannon, also challenging the use of athlete NIL in EA Sports video games. However, the cases differed slightly in that Keller only sought payment to college athletes who'd already been included in the EA Sports games, while O'Bannon was asking additionally for an injunction that would prohibit the games from being produced until athletes could be paid for the use of their NIL.4
Electronic Arts and CLC settled their parts of the video game claims for $40 million, which was paid out to approximately 100,000 then-current and former athletes who had appeared in the NCAA Basketball, March Madness, and NCAA Football games since 2003. The NCAA settled its part of the Keller suit for $20 million, but the O'Bannon case proceeded to trial in 2014.
Ultimately, Judge Claudia Wilken ruled the NCAA's practice of barring payments to athletes violated antitrust laws. However, instead of ushering in full NIL rights at that time, she allowed schools to begin offering full cost-of-attendance scholarships, which allowed for more compensation than the previous tuition and room-and-board scholarships.
Also in 2014, the Division I Council approved allowing athletic departments to provide unlimited meals to athletes after UConn men's basketball athlete Shabazz Napier told reporters at the NCAA Tournament that he sometimes went to bed starving because he couldn't afford food.
Following O'Bannon, additional class-action lawsuits were filed by student-athletes attacking the NCAA's rules that restricted payments and other benefits to athletes. The most important would be multiple cases filed in 2014 and 2015 that were consolidated into the NCAA v. Alston case before the United States Supreme Court in 2021.
Some narratives wrongly say that the Altson case caused the change in NIL rules because of comments some of the justices wrote in the opinion. Although the case certainly impacted how the NCAA decided to handle the rule change, the case itself didn't rule on NIL specifically. Instead, it removed any limitations on “education-related benefits.” The change allowed for universities to provide noncash education-related benefits such as computers, science equipment, music instruments, and more. It also allowed for the payment of study abroad and tutoring expenses, post-eligibility scholarships, post-eligibility internships, and more.
The end result was the allowance of awards up to $5,980 per athlete per year for education-related expenses, dubbed “Alston awards.” Each school distributes these according to their own policies and budgets, but most make them dependent on certain academic progress. Alston awards are also expected to undergo some changes – including elimination – at many institutions as revenue sharing is implemented under the House settlement (discussed in Chapter 11).
The main impetus for the NIL rule changes, however, was the passage of multiple state laws that allowed college athletes to begin being paid for their NIL. The first of these was passed in California in September 2019, the Fair Pay to Play Act. It was initially set to take effect in 2023, which would presumably give the NCAA time to change its rules and for schools to prepare for the new reality.
However, other states quickly began to consider similar rules and setting earlier implementation dates. Colorado passed its NIL law in March 2020 with an effective date of January 1, 2023. Then in June 2020, Florida passed its own NIL law that moved the date up to July 1, 2021.
By July 1, 2021, more than two dozen states had passed NIL laws. Although they all had a similar intent, there were plenty of differences. Some specifically prohibited certain categories of NIL deals, such as alcohol, tobacco, adult entertainment, prescription drugs, and more. Mississippi was the first state to ban high school athletes in its law that allowed NIL for college athletes, followed later by Texas and Illinois.
The NCAA had been set to pass a set of NIL rules with what it called “guardrails.” For example, there were limitations on engaging in deals that conflicted with existing institutional sponsorships or using institutional facilities in the course of their NIL activities. There was also a disclosure requirement that required athletes to disclose NIL deals to a third-party administrator in advance.
However, as the NCAA was preparing to vote on the new rules at its January 2021 convention, it received a letter from the Justice Department expressing concerns about the rules and whether they complied with antitrust laws.5 This caused the association to delay voting on the NIL rules.
As the clock ticked down to July 1, 2021 – when state laws would go into effect – the NCAA was awaiting a decision from the Supreme Court on the Alston case. Although it wasn't a case about NIL, it was about the application of antitrust law to college sports. The unanimous decision against the NCAA came in on June 21, 2021, and there's no doubt it impacted the way the NCAA proceeded with its NIL policy.
NCAA NIL Rules
With little time to implement something before some of the state laws went into effect, the NCAA issued an interim NIL policy that went into effect July 1, 2021, providing the following guidance:
Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities are responsible for determining whether those activities are consistent with state law.
College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image, and likeness.
Individuals can use a professional services provider for NIL activities.
Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
A set of frequently asked questions provides further clarity on several issues:
Prospective student-athletes may participate in the same activities available to current student-athletes without impacting NCAA eligibility; however, these student-athletes should consult their state high school athletics association for any questions regarding high school eligibility.
Student-athletes can enter into agreements with boosters, as long as those agreements comply with state laws and school policies and are not impermissible inducements and do not constitute pay-for-play.
The NCAA's interim policy specifically does not require student-athletes to report their NIL activities to their schools, but state laws and institutional policies may require it.
International student-athletes are covered by the interim NIL policy, but they should consult with government agencies for guidance on visa issues and tax implications.
Reporting of NIL compensation for tax purposes should follow state and country laws.
The interim NIL policy does not impact a student-athlete's financial aid.
The Evolution of the NCAA's NIL Rules
Since the initial rules were released in July 2021, a number of clarifications have been issued by the NCAA, many of which have been aimed at boosters and NIL collectives. (These are generally groups of boosters/fans who help generate NIL deals/funds for athletes at a specific school, which we'll discuss in Chapter 6.) A timeline and summary is included below to show the evolution of the NIL rules, if you're interested. Otherwise, feel free to jump to Chapter 2, unless you're an international athlete who needs the final section of this chapter about the different rules that apply to you.
May 2022:
The focus of this guidance was around the definition of a booster and the type of contact allowed, particularly during recruiting. It defined a booster as “an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization” who promotes an institution's athletics program or provides benefits to enrolled athletes or their family members. Seeming to target the activities of NIL collectives, some of the guidance provided included:
Boosters/NIL entities cannot communicate with potential student-athletes, their family, or others affiliated with them for recruiting purposes or to encourage enrollment at a particular institution.
NIL agreements between boosters/NIL entities and prospective student-athletes cannot be guaranteed or promised contingent on initial or continuing enrollment at a particular institution.
University coaches and staff may not organize or facilitate a meeting between a booster/NIL entity and a prospective student-athlete or communicate with the athlete on the booster/NIL entity's behalf.
NIL agreements must be based on a case-by-case analysis of the value each athlete brings to the NIL agreement, not as compensation or incentive for enrollment, achievement, or membership on a team.
October 2022:
These clarifications centered around what's often referred to as “institutional involvement.” It included:
Education and monitoring:
Institutions can and should provide education to athletes, including in areas like financial literacy, taxes, entrepreneurship, and social media. Institutions can also educate collectives and other NIL entities, boosters, and prospective student-athletes.
School support for student-athlete NIL activities:
Institutions can hire service providers like marketplaces to inform athletes of potential NIL opportunities. They may also provide stock photos or graphics to the athlete or an outside NIL entity and provide a space for the parties to meet. However, no one within athletics can assist in the execution of the NIL activity, including creating graphics or promotional material, providing equipment (such as a camera or graphic software), or ensuring the athlete completes their obligations. Services such as contract review, tax preparation, and the like also cannot be supplied for free unless they are available to all students.
School involvement with collectives/NIL entities:
University personnel, specifically including coaches, can assist with fundraising activities through appearances or by providing autographed memorabilia. However, they cannot donate cash directly to the collective or other entity, and they cannot be employed by, or have an ownership stake in, an outside NIL entity. Schools are also permitted to request that donors provide funds to collectives and other entities, but they cannot request that those funds be directed to a specific sport or student-athlete. Institutions may also provide donor information and facilitate meetings between donors and collectives or other NIL entities.
Negotiating revenue sharing and compensation:
Athletics staff members cannot represent athletes for NIL deals, including securing or negotiating deals on behalf of the athlete. Similarly, individuals or entities representing athletics (such as third-party rights holders and third-party agents) cannot represent enrolled athletes for NIL deals, including securing or negotiating those deals. Institutions may not enter into contracts with athletes for the sale of products related to the athlete's NIL, meaning third parties will be necessary to facilitate co-branded product offerings. It was also clarified that coaches and other staff members are also prohibited from providing NIL deals to athletes through their own businesses, which includes a prohibition on coaches paying athletes to promote the coach's camp. Athletes are also prohibited from receiving compensation directly or indirectly for promoting an athletics competition in which they participate.
The Division I Board of Directors also unanimously adopted a proposal for new allegation and conclusion standards when potential violations related to the interim policy occur. Their summary states, “When information available to the enforcement staff indicates impermissible conduct occurred, the enforcement staff and Committee on Infractions will presume a violation occurred unless the school clearly demonstrates that the behaviors in question were in line with existing NCAA rules and the interim policy.” It's essentially a guilty-until-proven-innocent standard.
March 2023:
In a letter to universities, the NCAA reminded institutions that they couldn't compensate athletes for NIL, including “entities acting on behalf of the institution,” presumably targeting collectives and new fundraising mechanisms proposed by universities to directly pay athletes. The memo also expressly prohibited universities from providing assets to “entities engaged in NIL,” such as priority points to stadium seating and access. This memo was sent shortly after Texas A&M announced the 12th Man+ Fund, which would award priority points and take in donations to compensate athletes directly.
January 2024:
This new proposal ushered in a number of new changes to the NIL rules:
Service providers can voluntarily register in a centralized system to work with student-athletes, helping athletes make informed choices about representation.
Athletes must disclose NIL deals worth over $600 within 30 days, including contract terms and compensation. New enrollees must disclose within 30 days of enrollment. Schools report anonymized data to NCAA biannually.
NCAA will provide contract templates and guidance on contractual obligations to help athletes and families make informed decisions.
NCAA will develop ongoing education and resources about NIL policies, rules, and best practices for athletes and stakeholders.
April 2024:
With this proposal, schools were permitted to begin providing assistance to athletes, including identifying and facilitating deals between athletes and third parties. However, in order to take advantage of this assistance, they must disclose to their school information on any NIL deals equal to or greater than $600 in value within 30 days of entering into the agreement. Data from those disclosures will be deidentified and aggregated for trend reporting to the NCAA. Prospective student-athletes must disclose any prior activity within 30 days of enrollment in order to accept school assistance for NIL activities.
Note that more changes are expected in 2025 as revenue sharing begins. Athletes should note two rules here: (1) deals with third parties considered “associated entities or individuals” (which includes certain boosters and all collectives) must be at fair market rates and are subject to challenge in a new neutral arbitration system, and (2) agreements with other third parties must be disclosed if the payment exceeds $600 (in the aggregate if you do receive multiple payments from a brand). The House settlement is covered more in Chapter 11.
State laws still continue to evolve as well. For example, in April 2024, Virginia passed a law allowing institutions to pay athletes directly even before the House settlement was announced. The law also prohibits the NCAA from penalizing schools that follow the law. Georgia passed a similar law a few months later.
Only a federal law could standardize the rules and laws that govern NIL. Absent that, athletes continue to operate under a patchwork of state laws that often conflict with NCAA rules and guidance.
NAIA Rules
The National Association of Intercollegiate Athletics changed its NIL rules prior to the NCAA, announcing on October 6, 2020, it had passed the first legislation in college sports to allow student-athletes to be compensated for use of their NIL.
Initially, the NAIA said it would allow a student-athlete to “receive compensation for promoting any commercial product, enterprise, or for any public or media appearance.” They also specifically allowed for athletes to reference their participation in intercollegiate athletics in promotions and appearances.
At the time, California, Colorado, Florida, and Nebraska had already passed state legislation to allow NIL, with Florida's law set to go into effect July 1, 2021, and the other three states January 1, 2023.
Unlike the NCAA, the NAIA requires disclosure of NIL deals to an athlete's athletic director if the NIL includes a reference to the athlete's status as an athlete or the institution.
NJCAA Rules
The National Junior College Athletic Association followed the NCAA timeline and changed its NIL rules as of July 1, 2021. Similar to the NCAA's rules, it doesn't allow anyone employed by the university to pay athletes directly and does not allow payments contingent on enrollment or athletic performance. The rules require quid pro quo (an exchange of goods or services) and do permit athletes to hire professional service providers for NIL purposes only.
The NJCAA did enact one stipulation the NCAA originally considered: Athletes cannot engage in NIL deals that conflict with the institutions' existing partnerships, sponsorships, or agreements. However, by 2024 this was no longer listed in the NJCAA's bylaws.
Institutional Rules
When the NCAA released its interim rules leading into July 1, 2021, it abandoned the “guardrails” it had previously considered for NIL and instead shifted responsibility to state laws and institutional policies. The University of Florida was the first to release its policy, which included these key aspects:
Compensation can't be provided in exchange for athletic performance or attendance at UF.
Opportunities can't conflict with academic or team-related activities.
Rights must be secured from Gator Sports Properties for use of any university or athletic department marks and logos.
Prohibited categories include gambling/sports wagering vendors or any vendors associated with athletic performance-enhancing drugs.
Use of any athletic department facilities will require advance approval, including location agreements, waiver of liability forms, and applicable rental fees.
All agreements must be disclosed within four days but is expressly not an approval process.
The term of a contract for representation or compensation for the use of a student-athlete's NIL cannot extend beyond participation in athletics at the institution.
Representation must be limited to NIL and may not include future professional athletic contract negotiations.
International student-athletes should get guidance from the University of Florida International Student Center before entering any NIL agreements.
One rule that stood out was with regard to compensation from boosters, which went beyond anything the NCAA implemented. UF's original rule stated, “The University of Florida, the athletic department, staff members or boosters may not compensate or arrange compensation to a current or prospective intercollegiate athlete for her or his name, image, likeness.”
At the time, UF was approaching its policy based on its interpretation of the state law,6 but it's also notable that UF later ended up with the first collective – Gator Collective – as we've come to define collectives (groups of boosters, fans, and other interested parties who form an entity that helps identify and facilitate NIL deals for athletes, usually dedicated to one institution).
