Name, Image, and Likeness (NIL)

Under § 22.1-212.2:4., the department is required to publish on its website information about laws that are applicable to any contract entered into by a student-athlete relating to compensation for the use of his name, image, or likeness.

The entire statute § 22.1-212.2:4. regarding interscholastic athletics, student-athletes and compensation and representation for name, image, or likeness is available and may be a good resource for students, parents, coaches, administrators and representatives on the topic of Name, Image, or Likeness (NIL) regarding student-athletes in Virginia

The information on this website is intended to identify laws relevant to student-athlete contracts relating to compensation for the use of the student-athlete’s name, image, or likeness.  The information is general and is not a substitute for personalized advice from an attorney, financial advisor, or other qualified professional.

1. It is generally true that for contracts to be legally enforceable by both parties, contracts must be in writing and must be signed by someone over the age of eighteen.
   
   
2. Under Virginia High School League guidelines, schools, booster clubs, and coaches may not use NIL deals to incentivize a student to enroll at a school or to join a team or program.
   
   Additionally, the Virginia High School League requires athletes participating in interscholastic sports to be amateurs.  More information about this can be found in the 2024-25 VHSL Handbook.
   
   The VHSL also offers an online NIL Policy Digital Course which covers many of the issues surrounding NIL and Virginia students.
   
   
3. The Code of Virginia § 22.1-212.2:4. restricts student-athletes from earning compensation for the use of their name, image, or likeness in connection to a number of categories, including: 
   • Alcohol and alcoholic beverages;
   • Adult entertainment;
   • Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;
   • Controlled substances, as defined in § 54.1-3401;
   • Performance enhancing drugs or substances such as steroids or human growth hormone;
   • Drug paraphernalia, as defined in § 18.2-265.1;
   • Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;
   • Weapons, including firearms and ammunition for firearms; and
   • Casinos or gambling, including sports betting.
     
     
4. The United States Copyright Office  and Title 17 of the United State Code outline the copywrite law in the United States.  Copyright law has a significant impact on the right to make use of a student-athlete’s image, or the student-athlete’s use of someone else’s copyrighted work (e.g., a school uniform, school marks or trademarks).  Trademark law applies to the use of trade names or logos in commerce.
   
   Also, the Virginia High School League restricts student-athletes from receiving compensation, endorsements, or gifts of monetary value for using intellectual property owned by the VHSL or any member school (such as a school’s name, logos, or mascots) under their policy.
   
   
5. The Federal Trade Commission requires advertisements to be truthful.  More information on FTC expectations in advertising and marketing can be found here.  Notably, the FTC has particular expectations around “Endorsements, Influencers, and Reviews”; these include certain disclosures required in endorsements.
   
   
6. The Virginia Consumer Protection Act generally prohibits misrepresentations and deception in connection with consumer transactions and may cover the same type of conduct as the FTC’s guidance, depending on the facts.
   
   
7. For student-athletes who anticipate attending colleges or universities that are members of the NCAA, it may be helpful to understand the NCAA’s NIL expectations. Additionally, there is significant litigation regarding NIL and the NCAA, so it is advisable to seek advice from an attorney on the current rules and regulations specific to the NCAA.
   
   
8. Compensation (which can be things other than money) received for the use of NIL may have tax implications.  The IRS has resources addressing taxable income.
   
   
9. If a student has involved an agent as a representative on their behalf, the athlete agent must be registered with the Virginia Department of Professions and Occupations, and are otherwise regulated under the Code of Virginia Title 54.1, Chapter 5.2. The definition of “Athlete agent” and who must register as an “Athlete agent” can be found at § 54.1-526. Definitions.
   
   
10. Persons whose name or image is used in advertising without permission can sue to stop the practice and to recover damages for any injury sustained as a result.  See Virginia Code § 8.01-40.