The three words
NIL is shorthand for three distinct rights a person holds in themselves:
- Name — commercial use of the athlete's actual name.
- Image — use of a photo, video, or visual likeness.
- Likeness — the broader category: imitations, drawings, avatars, or any representation reasonably identifiable as the person.
The NCAA's own definition: "An NIL deal is any agreement where you are compensated (money, products or services) for allowing a company, brand or person to use your name, image or likeness, such as social posts, event appearances or endorsements."
What counts as an NIL deal
- Sponsored social media posts
- Autograph signings
- Working camps, clinics, or giving lessons
- Merchandise and apparel lines
- Local business endorsements
- National brand deals
- Video game likeness licensing — the best-documented example: EA Sports paid each opted-in athlete $600 plus a game copy for College Football 25 (over 14,000 opt-ins), and more than $1,500 per athlete for College Football 26, administered through OneTeam Partners
- Personal appearances
Where NIL came from — and a correction to the story everyone tells
The Supreme Court case people credit, NCAA v. Alston (decided June 21, 2021, 9-0), did not create NIL. Alston held that NCAA caps on education-related benefits violated antitrust law — it decided nothing about name, image, and likeness. Justice Kavanaugh's famous concurrence warning that amateurism rules "raise serious questions under the antitrust laws" was one justice's opinion, not the Court's ruling. What it did was pressure the NCAA: ten days later, the NCAA's interim NIL policy took effect on July 1, 2021, suspending its NIL restrictions and deferring to the law of each school's state. That is why there has never been one national NIL rule — and why the answer changes at every state line.
Who can do NIL deals
- NCAA athletes (all three divisions — though Division III's framework is under active review as of April 2026)
- NAIA athletes — the NAIA moved first, in October 2020, and is more permissive: athletes may even reference their NAIA affiliation
- NJCAA athletes — permitted since July 1, 2021, with written notice to the athletic director
- High school athletes — it depends entirely on your state. High school NIL is governed by each state's athletic association bylaws, which range from full permission to outright bans. See our state-by-state NIL rules for the primary-source answer in your state.
- International student-athletes — a serious trap. The F-1 student visa's employment rules (federal immigration law, not an NCAA rule) bar most NIL activity performed inside the United States. Activity performed abroad is not restricted by F-1 status. No definitive federal guidance exists; this is genuinely unsettled and overrides any association's permission.
NIL is not revenue sharing
Since the House v. NCAA settlement (approved June 6, 2025), schools may also pay athletes directly — capped at 22.5% of average power-conference athletic revenue, roughly $20.5 million per school in year one. That is revenue sharing, a separate channel from NIL: it is institutional pay, it is capped, and it flows mostly to scholarship athletes in revenue sports. NIL remains third-party pay for the use of your identity. A walk-on has full NIL rights but generally no revenue-sharing check. Conflating the two is the most common error in current coverage.
Age changes three separate things
For a minor, three different authorities govern an NIL deal — and they do not agree:
- State contract law — is the contract enforceable? A minor's contract is generally voidable at the minor's option (the "infancy doctrine"). A parent co-signing binds the parent — it does not remove the minor's right to disaffirm. In California, only superior-court approval does that, and court-approved contracts require 15% of gross earnings set aside in trust.
- Association bylaws — does the deal cost eligibility? This is your state association's NIL rule.
- Platform and brand policy — will the counterparty deal with a minor at all?
Ask all three questions, in that order, before signing anything.