Nebraska

High School Status

Permitted

Status

What We Discovered

Nebraska state Name, Image, and Likeness (NIL) law (Nebraska Fair Pay to Play Act) does not address NIL at the high school level. This grants the Nebraska School Activities Association (NSAA), which governs public high school athletics in Nebraska, the authority to make decisions regarding NIL. The NSAA Board of Directors voted in December 2021 to permit high school athletes to profit from their NIL, provided the NIL activities do not reference their school and are conducted on an individual basis.

Summary

College

NIL Law: Legislative Bill 962 (Nebraska Fair Pay to Play Act)

Abstract | Full Law | Passed: 7/24/2020 | Effective: Immediately as decided by a postsecondary institution or July 1, 2023

NIL Law: Legislature Bill 1393

Abstract | Full Law | Passed: 04/16/2024 | Effective: 04/16/2024

Nebraska’s state NIL law prohibits postsecondary institutions and national collegiate associations from penalizing a student-athlete for monetizing their name, image, or likeness rights or athletic reputation. This bill gives institutions the discretion as to when they choose to implement this law, but it must be no later than July 1, 2023. The state takes an “opt-in” fashion which leads to a divide between the two prominent colleges in Nebraska, Creighton and The University of Nebraska. Creighton applied the law on July 1 but The University of Nebraska will not have to apply the law until 2023 and are holding on until then. Once in effect, each institution must set up a mechanism for athletes to disclose all NIL activities to the athletic department prior to the athlete’s participation.

Summary

High School

Nebraska state NIL law (Nebraska Fair Pay to Play Act) does not address NIL at the high school level. This gives the NSAA, which governs public high school athletics in Nebraska, the authority to make decisions regarding NIL. The NSAA Board of Directors voted in December 2021 to allow high school athletes to profit from their name, image and likeness, so long as the NIL activities do not include any reference to their school and are done on an individual basis. Read below for more details.

Bylaws | NSAA Constitution and Bylaws

Excerpt | 3.7 Amateur Rule

3.7.1 A student shall be an amateur in all sports sponsored by the Nebraska School Activities Association. A student may be declared ineligible if he/she:

a. Accepts merchandise, compensation of any nature, or illegal awards for competing in Association-sponsored activities.

b. Enters into any agreement or contract to compete in professional sports.

c. Permits, with or without actual endorsement, the use of name, picture, and/or personal appearance as an athlete in the promotion of a commercial or profit-making event, item, plan, or
service (this does not prevent a student’s picture or name from being included in programs); or,

Approved Rulings and Interpretations for 3.7.1.c

Under Bylaw 3.7.1.c, the term “as an athlete” shall not include non-school related use of the name, image or likeness (NIL) of a student of a member school participating in NSAA-sponsored athletics under the following
guidelines:

(1) Students may engage in NIL activities that are consistent with the law of the state of Nebraska, and, in the
absence of such law, a student may engage in NIL activity subject to the following:

a. The student’s NIL activities are done on an individual basis and are carried out in a manner that
does not suggest or reasonably suggest the endorsement or sponsorship of the NSAA member
school.

b. The student’s NIL activities may NOT include an image or likeness of the student in a uniform, or
other clothing or gear depicting the name or logo of the NSAA member school the student is
attending or has attended.

(2) Violation of Bylaw 3.7.1 may result in a determination by the member school and the NSAA of the student’s
ineligibility for activity participation.

d. Receives merchandise or compensation of any nature for coaching any NSAA approved sport during the season of the sport in his/her school.

3.7.2 When a student participates in other than NSAA competition at any time during the calendar year, the student is governed by the rules of the amateur governing body of that sport.

3.7.2.1 If the student violates the amateur standing rule of the amateur governing body for that NSAA-approved sport, the student is ineligible for NSAA competition.

3.7.3 Should a student lose his/her amateur standing, he/she may be reinstated by the Board of Directors after the lapse of one complete year, provided he/she has not persisted in breaking the amateur rule.