Name, Image, and Likeness Pre-season Breakdown
By Cam Van
With the fall season rapidly approaching, more and more Collegiate Athletes all across the US can now profit from their Name, Image, and Likeness (NIL). There’s a lot to figure out regarding NIL, like what each state allows, whether to and how to get an agent, and where to even get a NIL deal. We’ve summed up the facts here and pooled the resources for you to help streamline your NIL journey. We’ll keep you updated as more states join in the NIL movement and with any other important plays along the way.
The Basics
The basics of the NIL rules can be boiled down to 5 points:
College Athletes can profit from their NIL in ways that are consistent with the state law their school is within.
Colleges and Universities oversee whether their athletes’ NIL activities are within their state’s legal limits.
College Athletes within states without a NIL law can also engage in NIL activities without worrying about breaking NCAA rules.
College Athletes can have agents or other professional service providers to facilitate NIL activities.
College Athletes should be reporting their NIL activities to their school.
For more on what to keep in mind when entering the NIL world, check out our detailed breakdown here.
What does my state say?
Until Congress says otherwise, the states are free to make their own NIL policies, making the nation a patchwork of (sometimes opposing) laws. Student-Athletes wanting to enter the NIL space will need to know the state laws that they're engaged in, but not to worry, we’ve done a lot of the legwork for you. Check the bottom of this article to see your state’s NIL law.
Do I need an agent?
An agent first and foremost should make sure that a Student-Athlete stays between the lines of their state’s NIL law, and any other state or federal laws or regulations. They also should take the burden of finding deals off the shoulders of the Collegiate Athlete through their known NIL deal channels and generally hunting down opportunities. They represent you and negotiate the best deal for you that is within NIL legal lines. That being said, they will take a percentage of earnings, so the better you do, the better they do.
When agent shopping, it’s important to look at their overall experience as well as reputation - you don’t want their negative reputation being attributed to you and your own character. Your image is gold in the NIL game, so protect it. Some agencies promise to help grow your brand, by creating a website, social media management, video production, and advertising. All of which are increasingly important as media becomes dominantly social.
Where do I find an agent?
Each state is likely to have its own rules on who can be an agent and what it takes to be certified. What is consistent, is that most states require some sort of certification process for agents, so make sure your agent is accredited in your College or Univerity’s state.
For finding agents, there are many agencies out there signing athletes, although it’s unclear what, if any, are their criteria for selecting athletes to represent. Some states will have a registry of certified Athlete Agents that interested Student-Athletes can reach out to, and some have no such registry or even law (looking at you Alaska). While getting an agent makes sure you have someone on your side to help find and argue the best deals, there are platforms that offer NIL deals, matching athletes with sponsors.
Where are the NIL deals?
While Student-Athletes are generally free to seek out their own deals, there are some platforms that help facilitate the NIL process. Here is a list of our favorite NIL marketplaces that athletes can hop on in hopes of finding some sponsorship opportunities:
Offers an Online Sports Marketplace Bridging the Gap Between Influential Brands and Athletes
Brand partnerships
Student-athletes and sponsors can sign up for a 3-month trial, thereafter it becomes $4.99/mo for athletes and $99/mo for businesses. Find My NIL does not take any percentage of completed deals.
Mogl’s NIL marketplace connects brands with college athletes for promotion
Free for Athletes; 20% fee paid by business
Brand partnerships in addition to compliance and education for institutions
30% fee paid entirely by buyer
Brand Partnerships
10% fee paid entirely by buyer
What about High Schoolers?
While some states don’t specify whether high school students can monetize their NILs, many high school associations ban their students from participating in the growing NIL movement, although most do have amateurism exceptions for High School Olympians. For specifics on your situation, check the list below for you state’s law, and check with your high school’s athletic director.
The Bottom Line
The NIL space is fresh and provides new avenues for Student-Athletes. However, Student-Athletes are beholden to their sponsors, who leverage Student Athletes’ platforms for their own business prospects. Instead of waiting on a sponsor to come with an offer, Student-Athletes can monetize their own platform with Couro. Student-Athletes can take control of their newly minted NIL freedom and connect directly with their community to make money and share their experiences. No gatekeepers needed.
|
State |
NIL Law Effective Date |
Agent Law |
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Alabama |
Law Repealed (Student Athletes can generally profit off their NIL) |
Alabama Athlete Agent Law |
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Alaska |
No NIL Law (Student Athletes can generally profit off their NIL) |
Alaska has no Athlete Agent Law |
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July 23, 2021 |
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Jan 1, 2022 |
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Jan 1, 2023 |
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July 1, 2021 |
||
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Effective September 1, 2021 - Bill amended July 1, 2022 |
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Delaware |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
|
July 1, 2021 |
||
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July 1, 2021 |
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Hawaii |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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Idaho |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
|
July 1, 2021 |
Illinois has no Athlete Agent Law |
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Indiana |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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Iowa |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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Kansas |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
|
July 1, 2021 |
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June 10, 2022 |
||
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No NIL Law (Student Athletes can generally profit off their NIL) |
Maine has no agent law |
|
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July 1, 2021 |
||
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Massachusetts |
No NIL Law (Student Athletes can generally profit off their NIL) |
Massachusetts has no athlete agent law |
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December 31, 2022 |
Michigan has no athlete agent law |
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Minnesota |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
|
July 1, 2021 |
Mississippi Athlete Agent Registration Info/Laws |
|
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August 28,2021 |
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June 1, 2023 |
Montana has no athlete agent law |
|
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July 1, 2021 |
||
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January 1, 2022 |
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New Hampshire |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
|
5th academic year after its passing (2026) |
New Jersey has no athlete agent law |
|
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July 1, 2021 |
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New York |
No NIL Law (Student Athletes can generally profit off their NIL) |
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July 2, 2021 |
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North Dakota |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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July 1, 2021 |
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June 1, 2023 |
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July 1, 2021 |
||
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July 1, 2021 |
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Rhode Island |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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July 1, 2022 |
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South Dakota |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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January 1, 2022 |
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July 1, 2021 |
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Utah |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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Vermont |
No NIL Law (Student Athletes can generally profit off their NIL) |
Vermont has no athlete agent law |
|
July 1, 2022 |
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Washington |
No NIL Law (Student Athletes can generally profit off their NIL) |
|
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Washington D.C. |
No NIL Law (Student Athletes can generally profit off their NIL) |
DC has no athlete agent law |
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West Virginia |
No NIL Law (Student Athletes can generally profit off their NIL) |
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Wisconsin |
No NIL Law (Student Athletes can generally profit off their NIL) |
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Wyoming |
No NIL Law (Student Athletes can generally profit off their NIL) |
For other Name, Image, and Likeness resources, check out these articles:
