Name, Image, Likeness: What College Athletes Should Know About NCAA Rules

The NCAA’s Name, Image, and Likeness (NIL) rules shifted dramatically in June 2021 following the U.S. Supreme Court’s decision in *NCAA v. Alston*, which prohibited the association from blocking education-related benefits for student-athletes. Within days, the NCAA updated its policies, permitting athletes to engage in NIL activities compliant with state laws, use professional services for guidance, and operate in states without NIL legislation. Athletes like Louisiana State University gymnast Olivia Dunne—valued at $3.5 million—and University of Southern California basketball player Bronny James, with a $5.8 million NIL valuation, now leverage social media and brand partnerships to generate income. Thirty-two U.S. states have enacted NIL laws, enabling athletes to secure endorsement deals for products or services, though restrictions apply. Most state policies and school regulations ban endorsements for alcohol, gambling, or deals tied to athletic performance. Additionally, NIL agreements cannot serve as recruiting incentives, and schools are prohibited from directly entering deals with their own athletes. All transactions must involve external brands or agencies. NIL revenue primarily flows through third-party ‘collectives,’ which facilitate partnerships between athletes and companies. Sean Hughes, CEO of Athliance, notes that student-athletes—now treated as influencers—have long been marketable but were previously barred from compensation. Experts advise athletes in states without NIL laws to consult their school’s compliance offices before pursuing deals. Mit Winter, an attorney and former college basketball player, outlines four key prohibitions: no pay-for-play deals without reciprocal service, no performance-based compensation, no inducements tied to school commitments, and no direct NIL agreements between schools and athletes. Compliance remains critical, especially as social media platforms like Instagram and TikTok amplify athletes’ earning potential through personal branding.