Name, Image and Likeness in College Football: How It Works
What NIL means, how college players can earn money from their name, who sets the rules, what deals look like, and what players and families should know about contracts.
Until the summer of 2021, a college football player could be the most recognizable person in his town and still be forbidden from accepting a free sandwich in exchange for a social media post. His jersey could sell in the campus store while he earned nothing from the sale. The rules were rooted in the idea of amateurism: athletes in college sports were students first, and the compensation they could receive was limited to scholarships and related benefits.
That changed with a rapid sequence of state laws, court rulings and NCAA policy shifts. Today players can earn money from what the industry calls NIL: name, image and likeness. This guide explains how that came about, how deals work in practice, where the rules come from, and what a player or family should check before signing anything.
Because this area is still developing through new laws, new court decisions and new governance structures, treat the description below as the framework and verify current specifics with the school's compliance office and your state's rules.
What "name, image and likeness" means
The phrase refers to three things a person can license or sell:
- Name: the right to use the athlete's name in advertising or products.
- Image: photographs, video and other depictions.
- Likeness: a depiction that evokes the person, such as a character or avatar who resembles him, without necessarily being a photograph.
In ordinary use, NIL means any paid arrangement in which a player's identity is the thing of value. A local car dealer who pays a player to appear in an ad is an NIL deal. So is a player who sells his own autographed merchandise, or a company that pays him to promote a product on his social media.
NIL is different from a scholarship, which pays for education, and from revenue sharing, which is money a school pays directly to athletes. Our articles on scholarships and on how athletics revenue reaches players cover those, and the distinction matters because each category has its own rules.
How we got here
Three developments mattered most.
- State laws. In 2019, California enacted a law, often called the Fair Pay to Play Act, that would let college athletes in the state earn money from their NIL. Other states followed with their own laws, and by 2021 a number of them had statutes taking effect, some of them with different conditions. The result was a patchwork, with athletes in some states able to earn money while athletes elsewhere could not.
- A Supreme Court decision. In June 2021, in a case known as NCAA v. Alston, the U.S. Supreme Court ruled unanimously against the NCAA's limits on certain education-related benefits. The case was narrower than NIL itself, but the decision signaled that the NCAA's amateurism rules were open to antitrust challenge, and it added pressure on the association to act.
- An NCAA policy. On July 1, 2021, the NCAA adopted an interim policy letting athletes in all divisions earn compensation from NIL, with the main conditions that they follow their state's law and school policy, and that the money not be used as a recruiting inducement. Over the following years the association and its member schools refined the rules, and later legal and structural changes added new layers.
For a first-hand view of how the broader financial system developed, see our primer on college athletics revenue.
What a typical NIL deal looks like
An NIL deal is a contract, usually small, between a player and a business or organization. Examples include:
- Endorsements. A player appears in an advertisement or promotes a product or service, often locally.
- Social media posts. A brand pays a player to post about its products to his followers.
- Appearances. A player signs autographs, attends an event or speaks at a store opening.
- Camps and lessons. A player runs a youth football camp or gives private instruction, subject to the rules in his state and school.
- Merchandise. A player sells shirts or other products featuring his name or logo.
- Licensing. Companies license athlete names and likenesses for products such as trading cards and video games.
- Collective-funded arrangements. A booster-funded group pays a player for appearances and other services. We explain these in our guide to collectives.
The size of deals varies enormously. A small number of high-profile players have received large sums, while most players earn modest amounts or nothing at all. Football has an unusual dynamic: a roster of 100 or more players means that visibility is concentrated in a few positions, especially quarterback, and a player's value in an NIL market depends heavily on his audience and the market in which he plays.
Who sets the rules
The rule-makers are layered, and they sometimes overlap.
| Source | What it controls |
|---|---|
| State law | Whether athletes at in-state schools may earn NIL money, what categories are restricted, disclosure rules |
| The NCAA and its divisions | Eligibility, the ban on using NIL as a recruiting inducement, reporting standards |
| The school and athletics department | Its own policies on disclosure, conflicts with school sponsors, use of facilities and logos |
| The conference | Sometimes adds its own requirements |
| Courts and settlements | Changes the larger framework, including how deals are reviewed |
If those sources conflict, the player has to satisfy all of them. A deal that is legal under state law can still violate school policy, and the reverse.
The rules that matter most
Several principles show up in nearly every system.
NIL is not pay for play
A deal is supposed to reflect a business purpose: the sponsor is paying for the athlete's marketing value, an appearance or a service, not simply for him to play for a particular school. A promise of payment in return for enrolling at a school is not permitted. This line is the hardest to police, and it has been the center of many arguments about collectives and boosters.
Deals are reviewed in the newer framework
After a major legal settlement involving the NCAA and former athletes, the new arrangements for schools that opt in include a central review process for deals involving third parties such as boosters and affiliated companies. In general terms, a deal above a set dollar threshold is submitted for review to check that it serves a valid business purpose and that its payment is in line with what the market would pay for similar services. The details, the amounts and the organization that runs the review have been evolving, so confirm what currently applies before assuming a deal is acceptable.
Disclosure
Most schools and many state laws require athletes to report NIL deals to the athletics department. The school does not usually approve the deal, but it checks it for conflicts with state law, school policy and eligibility rules. Failing to disclose can create problems even when the deal itself is fine.
Restricted categories
State laws and school policies commonly restrict certain categories, such as alcohol, gambling and betting, tobacco and adult entertainment. A school may also bar deals that conflict with its own sponsorship contracts, such as a competing apparel brand when the team's uniforms are made by a school partner. The specifics differ by state and school.
Employment status
Athletes have generally not been classified as school employees, and whether and how that should change has been litigated and debated. Payments for NIL are typically treated as payments to an independent contractor, not wages. Because this is a developing area of law, it is one more reason to ask a qualified professional.
Money, taxes and contracts: practical points for families
NIL income is real income, and a player who earns it takes on responsibilities that most 19-year-olds have never had.
- Taxes. NIL earnings are generally taxable, and an athlete may be treated as self-employed, which can mean paying estimated taxes during the year. A tax professional can explain what applies. This is general information, not tax advice.
- Contracts. A contract can bind a player for years, grant exclusive rights or include terms about content and appearances. Read it fully, and have a lawyer or a trusted adviser who is not paid by the other party review it before signing.
- Representatives. Some players hire agents, advisors or marketing firms. Rules about who may represent a college athlete vary by state and by the athlete's plans for professional football. Our article on what sports agents do and how they are paid explains the role and the fee structures.
- Scholarship and eligibility. Compliant NIL income is not supposed to reduce a scholarship or count as athletics aid, but it must follow the rules. A player who takes a deal that violates policy can jeopardize his eligibility.
- Minors. A player who is not yet an adult may need a parent's signature, and some deals are governed by special state rules for minors.
A simple hypothetical shows how this works. Imagine a backup lineman at a large school who is popular on social media. A local gym offers him a fee to post three times during the semester and to appear at its opening. He reports the deal to the compliance office, which confirms that the gym is not a restricted category and that the fee is consistent with the services. He earns the fee, sets aside a share for taxes and keeps a record of the work. That is the typical, unremarkable use of NIL, and it looks nothing like a headline about a multi-million dollar contract.
NIL and recruiting
For recruits, NIL changed the conversation. Coaches may talk with prospects about the NIL opportunities in their market, such as the size of the fan base, the media market and the school's support services. They cannot promise a payment as an inducement to enroll. Recruits and families compare programs on more than football: the degree, the coaches, the playing time and the community.
Players who transfer often ask the same questions in a different setting. Our guide to the transfer portal describes how that process runs.
High school players are in a different position. Whether a high school athlete can earn NIL money depends on the state and its association, and the rules differ widely. Some states permit it with restrictions, and some do not. If you are a high school player or parent, check with your state association and your school before signing anything, because a mistake can affect eligibility. Our article on high school eligibility rules explains the broader framework.
Common misunderstandings
- "Every player is getting rich." Most are not. The large figures that make headlines are exceptions, and many players earn little or nothing.
- "NIL means schools pay players." Not exactly. Traditional NIL deals come from third parties. Payments from schools themselves are a separate category, called revenue sharing in the newer framework.
- "There is one national rule." There is no single rule. State law, school policy and NCAA rules all apply, and they change.
- "A player can sign anything." A contract can create long obligations, and a conflict with school or state rules can hurt eligibility.
- "NIL is only for stars." Many deals are small, local and ordinary: camps, signings and ads for neighborhood businesses.
- "It replaced scholarships." It did not. Scholarships still cover education costs and exist alongside NIL.
What fans can watch
For fans, the main effects are on rosters and recruiting. Programs with strong local business support, large fan bases and organized boosters can offer players more opportunity, and that is part of why coaches talk about NIL during recruiting. At the same time, players still need to win jobs on the field, and a roster spot is not a guarantee of income. You can follow how teams are built through the team pages, the college section and the player pages.
The short version
- NIL means a player's right to be paid for the use of his name, image and likeness by third parties.
- The change came from state laws, the 2021 Alston decision and a July 2021 NCAA policy, followed by later legal and structural changes.
- Rules come from state law, the NCAA, the school and the conference, and a deal must satisfy all of them.
- NIL cannot be a payment for choosing a school, and deals involving boosters and affiliated businesses are subject to review in the newer framework.
- Disclose every deal to the school, avoid restricted categories and keep records for taxes.
- Read contracts closely, get independent advice and do not sign on the spot.
- High school athletes should check their state association first, because the rules differ.