Navigating the Legal Maze

When Name, Image, and Likeness (NIL) became a reality, student-athletes gained new opportunities to profit from their talent and hard work. But with those opportunities came a patchwork of rules and regulations that can be difficult to navigate. Between state laws, NCAA guidelines, and university-specific policies, staying eligible requires more than just signing a deal—it requires careful compliance.

That’s where NIL attorneys step in. They help athletes understand overlapping rules, avoid costly mistakes, and protect both their eligibility and financial future.

The NCAA’s Role in NIL

The NCAA sets the baseline rules for NIL activity. These guidelines are designed to preserve fair play while allowing athletes to benefit from their personal brand. Some key NCAA principles include:

• NIL opportunities must be based on legitimate services, not pay-for-play.
• Schools cannot directly compensate athletes for athletic performance.
• Athletes must report NIL deals to ensure transparency.

While the NCAA provides a framework, these rules leave room for interpretation—and sometimes clash with state laws.

The State Law Patchwork

Each state has approached NIL differently. Some states have passed detailed NIL legislation, while others rely on NCAA guidelines or school policies. This creates challenges for athletes who:

• Compete in one state but sign a deal with a company based in another.
• Travel or play games across state lines, raising questions of jurisdiction.
• Transfer schools, moving from one legal environment to another.

What’s acceptable in one state may be prohibited in another, leaving athletes exposed to compliance risks they may not even realize exist.

How NIL Attorneys Bring Clarity

Attorneys trained in sports law and NIL contracts help athletes and families cut through the confusion. Their expertise includes:

• Interpreting overlapping rules: Attorneys review both NCAA guidelines and state laws to make sure deals comply with all requirements.
• Coordinating with schools: Universities may have their own NIL reporting systems, and attorneys help athletes meet those obligations without missteps.
• Advising on multi-state deals: If an athlete is negotiating with a company in another state—or signing with a national brand—an attorney ensures compliance across jurisdictions.
• Protecting eligibility: By spotting conflicts early, attorneys prevent deals that could cost an athlete their scholarship or ability to compete.

Why Compliance Matters

The stakes are high. An NIL deal that looks lucrative could:

• Violate NCAA rules and cost an athlete eligibility.
• Breach state law, leading to legal disputes or financial penalties.
• Put athletes in conflict with their own university’s policies.

An attorney doesn’t just review contracts—they safeguard careers.

The Bottom Line

NIL is one of the most exciting opportunities in college athletics, but it comes with a legal maze that no athlete should try to navigate alone. State laws, NCAA guidelines, and school rules overlap in ways that can be confusing and sometimes contradictory.

Attorneys provide the clarity and protection student-athletes need to succeed. Before signing any deal, ask yourself: Does this contract keep me compliant everywhere I compete? If you’re not sure, it’s time to consult an NIL attorney.