New York State has updated its College NIL Policies

December 6, 2022

The state of New York has adopted an updated  name, image, and likeness (NIL) rules. The new rules will not take effect until January 1, 2023.

Here are the highlights from the updated New York State NIL Guidance (Legislation (S.5891-F/A.5115-E):

• A college or an athletic conference cannot provide compensation to a student-athlete for the use of their name, image, or likeness.

• A student-athlete is entitled to utilize professional representation, whether a lawyer or agent, provided they are registered and/or licensed by the state.

• A student-athlete will need to  provide advance notice of a potential NIL contract to a designated official at their institution before entering into the agreement.

Conflict language has been added to the bill to potentially block any NIL deal when a conflict exists between the student-athlete's proposed NIL activities on behalf of the party contracting with the student-athlete and the interests of the school.  The specific conflict language in the bill states a student-athlete shall not enter into a contract providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness if a provision of the contract causes a conflict on any of the following grounds:

1. The proposed contract would cause the student-athlete to violate the team contract.

2. The proposed contract would cause the student-athlete to violate the college's student handbook or code of conduct.

3. The proposed contract would conflict with an existing contract or sponsorship the college participates in.

4. The proposed contract would be judged to cause financial loss or reputational damage to the college

5. The proposed contract would require actions by the student-athlete during team activities

6. The proposed contract would require actions by the student-athlete during scheduled classes

7. The proposed contract would use the college's name, brand, copy-written materials, trademarks, service marks, symbols, nicknames, trade dress, insignia, mascot, uniform styles, colors, imagery, campus landmarks, or any other intellectual property or indicia

8. The proposed contract would require the student-athlete to display a sponsor's product, logo, brand, or other indicia, or otherwise advertise for a sponsor, during official team activities.

9. The proposed contract would require the student-athlete to display a sponsor's product, logo, brand, or other indicia, or otherwise advertise for a sponsor at any time, and such sponsor is a competitor of, or offers products or services within the same category as a sponsor of the college.

The legislation provides no guidance or direction on how a school and a student-athlete should resolve any type of dispute that may arise.

View the full updated New York State NIL Bill: https://www.nysenate.gov/legislation/bills/2021/S5891

Full list of NIL Policies by State:

information about college NIL, College NIL at the state level, State NIL Rules

Last Updated 9/1/2022