The Making of Modern-Day NIL Laws: The Past, Present, and Future of Amateurism and Commercialization in College Sport

Abstract

________________________________________________________ The purpose of this study was to increase the understanding of state laws governing collegiate student-athletes' name, image, and likeness (NIL) rights and place the laws within the framework of the NCAA's historic and current views on amateurism and commercialization. To accomplish such, a content analysis of the 30 existing NIL laws/executive orders was performed to identify trends in the statutes and establish what commonalities and differences exist across states. The analysis found five themes/sections common across state laws (i.e., definitions, basic NIL rules, limitations, disclosures and review processes, agent and representation rules, and required workshops). Moreover, the evaluation revealed the basic NIL rights of student-athletes are uniform across all states. However, the limitations that are placed on them and the processes they must abide by vary from state to state. Current NCAA bylaws were found to coincide with the new state laws, while still maintaining the organization's desire for amateurism and push to minimize commercialization.