NIL: Name, Image, and Likeness
College athletes’ right to profit from their personal brand
NIL stands for Name, Image, and Likeness, and refers to an athlete’s right to profit from their personal brand.1 As of July 1, 2021, a major shift in U.S. law and NCAA policy allowed college athletes to legally earn money through sponsorships, endorsements, social media, merchandise, and more without jeopardizing their eligibility.2,3
This has completely changed the landscape of college athletics and has sparked debates about college amateurism, NIL contracts, and whether athletes should be ‘paid to play.’4,5
The Complex NIL Landscape
Major players in the NIL landscape include student-athletes, colleges, coaches, state governments, the NCAA, and the federal government (which may still propose national NIL legislation in the coming months).6
Schools vary in their approach, with some fully supporting branding efforts of athletes and others navigating more cautiously. Even on the coaching level there is significant variation in how NIL is handled from sport to sport and team to team. Meanwhile, states have passed varying NIL laws, creating a patchwork of rules across the country with no current federal laws about the use of NIL.
The Debate Over NIL
The debate over NIL is complex.
Supporters argue it is long overdue compensation for athletes who generate billions for universities and the NCAA.
Critics worry it disrupts team dynamics, widens the gap between programs, and blurs the line between amateur and professional sports.7
- Athletes can earn income and build personal brands
- More fairness and autonomy for players
- Encourages entrepreneurship
- Creates potential imbalance between athletes and schools
- May lead to exploitation or unequal opportunities
- Increases pressure and distractions for student-athletes
Common NIL Misconceptions
❌ Myth: “NIL means athletes are now getting paid salaries by their schools”
Reality: Schools still cannot directly pay athletes for playing. NIL allows athletes to earn money from outside sources through endorsements, social media, camps, and other business ventures. The money comes from brands, local businesses, and fans—not university athletic departments.
❌ Myth: “Only star football and basketball players benefit from NIL”
Reality: While marquee athletes in revenue sports do earn the most, athletes across all sports—including gymnastics, soccer, swimming, and even niche sports—have found NIL opportunities. Social media influence, local community connections, and specialized audiences often matter more than sport popularity.
❌ Myth: “NIL has completely eliminated amateurism in college sports”
Reality: College athletes are still considered amateurs and students first. They cannot receive pay-for-play compensation, direct payments for performance, or salaries from their schools. NIL specifically allows monetization of their personal brand, not their athletic performance.
❌ Myth: “International student-athletes can participate equally in NIL”
Reality: International students on F-1 visas face significant legal barriers to NIL participation. They generally cannot earn money from NIL activities conducted in the U.S., creating a major inequity in the system that affects thousands of college athletes.
❌ Myth: “NIL rules are the same everywhere in the U.S.”
Reality: There’s a complex “patchwork” of different state laws governing NIL. What’s legal in California might be restricted in Alabama. This creates confusion and unequal opportunities depending on where athletes attend school.
💡 Key Takeaway
NIL is about business opportunities, not pay-for-play. It allows athletes to monetize their personal brand while maintaining their amateur status as student-athletes. The landscape is complex, evolving, and varies significantly by location and sport.
References
1: Staff, The Athletic College Football. “What Is NIL?: Everything You Need to Know about the NCAA and Name, Image and Likeness.” The New York Times, 1 August 2024. NYTimes.com, https://www.nytimes.com/athletic/3301694/2022/05/10/nil-ncaa-definition/.
2: The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA. 1 July 2021, https://journals.law.harvard.edu/jsel/2021/07/the-nil-era-has-arrived-what-the-coming-of-july-1-means-for-the-ncaa/.
3: “What Is NIL in College Sports? How Do Athlete Deals Work?” ESPN.Com, 24 Mar. 2025, https://www.espn.com/college-sports/story/_/id/41040485/what-nil-college-sports-how-do-athlete-deals-work.
4: Weaver, Karen. “NIL Contracts And Disputes: Will They Shape The Future Of College Athletics?” Forbes, https://www.forbes.com/sites/karenweaver/2025/03/03/nil-contracts-and-disputes-will-they-shape-the-future-of-college-athletics/. Accessed 12 May 2025.
5: Should Student-Athletes Be Paid? The Answer Is Not So Simple. | CEHD. https://cehd.gmu.edu/features/2024/05/28/should-student-athletes-be-paid-the-answer-is-not-so-simple. Accessed 12 May 2025.
6: Navigating the Evolving NIL Landscape: NCAA Proposals, Federal Contradictions, and Ongoing Challenges in 2024. https://www.bradley.com/insights/publications/2024/01/navigating-the-evolving-nil-landscape-ncaa-proposals-federal-contradictions-and-ongoing-challenges. Accessed 12 May 2025.
7: CollegeNetWorth. Why Don’t People Like NIL? Exploring Concerns and Controversies – CollegeNetWorth.Com. 16 Dec. 2024, https://www.collegenetworth.com/why-dont-people-like-nil/.