Attorney
In 2021, the National Collegiate Athletics Association implemented an interim on student athletes’ rights to their Name, Image, and Likeness (NIL). These NIL rights give student athletes the right to pursue earning opportunities for their brands. States have also developed NIL rules for high school athletes. Under the NCAA’s NIL rule, student athletes can engage in NIL activities permitted under the state’s laws where they attend college or university. Student athletes studying in states without NIL laws can participate in earning opportunities without violating NCAA rules. Furthermore, student athletes can seek professional advisors and service providers to help them pursue NIL opportunities. However, student athletes may have to report NIL activities as required by state law or school/athletic conference rules.
The House settlement is expected to be approved in the spring of 2025. This will open a new era for college athletes and revenue sharing with the schools they attend. Student athletes will now also have the ability to be compensated directly by their schools. The House settlement will also bring additional scrutiny to third party NIL deals requiring approval by a clearinghouse and arbitration for deals that are rejected.
NIL Opportunities for College Athletes
Common NIL earning opportunities for student athletes include:
- Brand endorsements: Student athletes can get paid to endorse local or national brands for products and services, including allowing companies to use their name/image/likeness in print advertisements or appearing in television or radio commercials.
- Social media sponsorships: Student athletes can accept “influencer” sponsorships to promote brands through their social media profiles on platforms like X, Instagram, TikTok, or YouTube.
- Merchandising: Student athletes may sell apparel, sports memorabilia, or other products featuring their name, image, or brand.
- Public appearances/events: Student athletes can accept compensation to attend public appearances or events, such as autograph signings, meet-and-greets, or speaking engagements.
- Athletic clinics/camps: Student athletes can also host or get paid to support athletic clinics or camps for younger athletes in their sport, such as college basketball players hosting clinics for middle or high school basketball players.
Earning Opportunities Across College Sports
NIL earning opportunities for college athletes can vary from sport to sport. For example, players in high-visibility college sports like football and basketball tend to have the highest earning potential as those players have a better chance of having a more public image. Furthermore, players in those sports who attend the highest-profile schools in the sport may have a broader geographical impact. However, students can still have public notoriety within their school’s local market, such as student athletes at the Universities of Nebraska or Oregon, where the school is an integral part of the state it is located in.
Student athletes in more niche college sports, such as track and field or gymnastics, may have more specialized earning opportunities, such as endorsing athletic apparel or equipment or appearing at clinics or camps. Student athletes in Olympic sports also compete in international events which can bolster their NIL value.
Unfortunately, some worry about the potential for gender disparity in NIL earnings, as men’s college sports tend to receive far more media attention than women’s sports. However, many women’s college sports, including women’s basketball and softball, have become popular in recent years. Women’s volleyball is one of the fastest-growing sports in the United States. The University of Nebraska set a world record for attendance at a female sporting event when over 92,000 watched a volleyball game in Memorial Stadium in 2023. Record numbers of people continued to watch NCAA women’s volleyball in 2024.
Right now, both male and female student athletes have incredible opportunities with NIL. Working with an experienced attorney is important to all student athletes who want to protect and maximize these opportunities.
Factors Affecting NIL Opportunities
Some of the factors that can affect a student athlete’s NIL earning opportunities include:
- Social media following and engagement: Student athletes with large social media followings may have more endorsement opportunities.
- Athletic performance: Students athletes who win tend to gain more public fame.
- School brand popularity: Student athletes who attend nationally popular schools may have a broader outreach.
Challenges and Risks for College Athletes
Student-athletes seeking to capitalize on their NIL value will have various challenges and risks to navigate, such as:
- Balancing NIL-earning activities, athletics, and academics: Student athletes may find managing their time between their academic and team responsibilities and NIL activities challenging.
- Complying with laws and regulations: Students must ensure that specific opportunities do not violate state NIL laws or school/athletic conference regulations.
- Oversaturation: NIL opportunities may become less lucrative or more challenging to obtain as more student athletes enter the market.
- Financial implications: Student athletes must understand their tax liabilities and financial management needs.
Contact a Sports Attorney Today
When you’ve achieved NIL value as a college athlete, the new NIL rights give you various earning opportunities. Contact The Hughes Companies today for an initial consultation with a sports attorney to discuss your rights and options.