NILAR: Oregon’s New Bill Changes the Name of the Game

On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic conferences, or other athletic governing bodies from punishing schools and student-athletes for violating NIL rules. The bill also would allow for NIL compensation to be contingent on a student-athlete attending a specific school and provide schools in the state and their employees with liability protections related to NIL activity.

The bill, sponsored by Rep. John Lively and Rep. Jeff Helfrich, also adds “athletic reputation” to the traits from which a student athlete may earn compensation, creating a new term in place of the ubiquitous “NIL,” known in the Oregon bill as “name, image, likeness, and athletic reputation” (NILAR) (emphasis added). The bill would continue to prohibit NIL compensation that is conditioned on the student-athlete’s performance, but would allow NIL compensation to be conditioned on the student-athlete’s attendance (or continued attendance) at a particular institution — directly contradicting the NCAA’s Interim NIL Policy, which explicitly prohibits this. The bill also recognizes the collective-backed “pay for play” system — despite the NCAA’s efforts to punish the same — and embraces both the collective system and the modern NIL reality.