State-by-State NIL Compliance Playbook

Name, Image and Likeness. These three words flipped collegiate athletics on its head in June 2021. After a long fight by former and current NCAA student-athletes, compensation for activities related to a student-athlete’s Name, Image and Likeness (NIL), while once wholly restricted, are now permitted. Citing noncompliance with federal antitrust laws, the decision in Supreme Court case NCAA v. Alston opened the flood gates. This decision left the NCAA, state governments and higher education institutions scrambling to create guidelines for NIL engagements and agreements.

To aid individuals, schools and collectives with the often inconsistent and rapidly developing legislative and executive actions of the states, Varnum’s dedicated team of NIL attorneys created an all-inclusive, state-by-state compliance playbook. While the Team has created separate tools to aid in NCAA compliance efforts, this guide is dedicated to navigating the varying approaches taken by each of the 50 states to address NIL rules. Highlighted in the guide are statutes, executive orders and other official legislative or executive action taken by each of the states. We understand that NIL compliance is a difficult task given the numerous regulatory bodies, and this playbook will act as a one-stop reference guide as you navigate the NIL landscape.