Status

What We Discovered

Kentucky has become the 31st state to permit Name, Image, and Likeness (NIL) for high school athletes following changes to the Kentucky High School Athletic Association (KHSAA) bylaws. The new guidelines allow athletes to profit from product or business endorsements and to work at camps or clinics for compensation. Comprehensive guidelines can be found in the 2023-2024 KHSAA handbook, linked in the high school section below.

Summary

College

NIL Law: Senate Bill 6 and House Concurrent Resolution 94

Abstract | Full Law | Passed: 3/9/2022 | Effective: 3/9/2022

Student-athletes in the state of Kentucky may profit from their name, image and likeness. Postsecondary schools in Kentucky are at liberty to set limits on the dates and times that athletes may participate in NIL partnerships. Schools may also prevent athletes from participating in deals associated with certain industries, including but not limited to alcohol, prohibited substances, adult entertainment, tobacco, firearms, or any industry that may damage a school’s reputation with the association. The order also includes that universities should provide financial literacy and life skills training for their students. Review the full law to learn more.

Kentucky was the one of the first states to sign a law over an executive order. The House Concurrent resolution has advanced to the senate floor and is currently being discussed with legislation, the last action was March 23, 2022.

, Summary

High School

Kentucky has become the 31st state to permit Name, Image, and Likeness at the high school level after a change in bylaws made by the Kentucky Athletic Association. The new guidelines give athletes the ability to profit from “product or business endorsements,” and work at camps or clinics for profit. The full guidelines can be found in the KHSAA handbook.

Bylaws | KHSAA Handbook

Excerpt | SEC. 3) RESTRICTIONS AND ALLOWANCES ON THE USE OF NAME,
IMAGE AND LIKENESS BY PARTICIPANTS AND SCHOOLS

A student-athlete may profit from the use of their own name, image and likeness (NIL) within the restrictions of Bylaw 10, Sec. 3(c) (1) and provided:

a. no member school, district, region or state association resources are used to include trademarks, school uniforms, copyrights, equipment, logos, goods, services, insignia or identifying mark or other tangible assets are used;

b. that nothing about the opportunity is based on individual or team performance (actual or speculative);

c. that no member school coach or administrator are involved; and

d. that the student-athlete agrees not to involve the categories of products and services detailed in the Board of Control policies as restricted from corporate sales.