High School Status
Permitted
High School Governing Body
Source
Status
What We Discovered
On October 10, 2022, the Oregon School Activities Association (OSAA) approved Name, Image, and Likeness (NIL) activities for high school athletes statewide. New language amending Rule 8.4 – Awards states that “A student may earn compensation from the use of their Name, Image, Likeness” and outlines specific guidelines and restrictions for student-athletes.
20 Summary
College
NIL Law: Senate Bill 5
Abstract | Full Law | Passed: 6/29/2021 | Effective: 7/1/2021
NIL Law: Senate Bill 1505
Abstract | Full Law | Passed: 3/7/2022 | Effective: 7/1/2022
NIL Law: House Bill 4119
Abstract | Full Law | Passed: 3/25/2024 | Effective: 3/20/2024
Oregon has enacted two NIL related laws. The first law (SB5) allows for student athletes to profit from their name, image and likeness, and gives each institution the authority to draft NIL regulations for its student-athletes. The second law (SB1505) requires that any person who produces merchandise, games, trading cards, or anything containing of the sort, to provide royalty payments to collegiate athletes for use of their name, image and likeness. Most recent, Oregon passed House Bill 4119 to amend certain aspects of their current NIL Laws. For more information, click the link above.
Summary
High School
On October 10, 2022 the OSAA approved Name, Image, and Likeness activity across the state for high school athletes to participate in. The new language amended in Rule 8.4- Awards, states that “A student may earn compensation from the use of their Name, Image, Likeness” and proceeds with guidelines and certain restrictions for student athletes.
Bylaws | OSAA Guidelines
Excerpt | 8.4.4 Awards
The following is intended to offer guidance to students, parents, and member schools
regarding Name, Image and Likeness (NIL).
A student may earn compensation from the use of their Name, Image, Likeness (NIL) provided
that:
(a) The compensation (or prospective compensation) is not contingent on specific athletic
performance or achievement (e.g. financial incentives based on points scored)
(b) The compensation (or prospective compensation) is not provided as an inducement to
attend a particular member school or to remain enrolled at a particular member school
(“Undue Influence”).
(c) The compensation (or prospective compensation) is not provided by the member school or
an agent of the member school (e.g. school booster club, foundation, employee, etc.)
(d) The student-athlete discloses any proposed agreement/contract to the member school at
which the student is enrolled and/or participating.
In seeking compensation for Name, Image and Likeness (NIL):
(a) The student shall not use OSAA or member school marks, logos, insignias in NIL activities.
(b) The student shall not wear apparel or equipment which includes OSAA logos or member
school markers and/or logos for the purpose of NIL activities.
(c) The student shall not reference the OSAA or member school name and/or mascot for the
purpose of NIL activities.
(d) The student shall not use a member school’s district facilities and/or equipment for the
purpose of NIL activities.
(e) The student shall not use school practice and/or game film for the purpose of NIL activities.
(f) The student shall not promote any services and/or products during team activities.
(g) The student shall not promote activities, services, or products associated with, but not
limited to,:
(i) Adult entertainment products or services;
(ii) Alcohol, tobacco, nicotine and vaping products;
(iii) Cannabis products;
(iv) Controlled dangerous substances;
(v) Prescription pharmaceuticals;
(vi) Political parties and/or candidates;
(vii) Any product illegal for people under 18;
(viii) Gambling, including sports betting, the lottery, and betting in connection with video
games, on-line games and mobile devices;
(ix) Weapons, firearms, and ammunition.
The student and their family are encouraged to seek legal counsel and tax advice when
considering NIL activity, along with guidance from their member school.
NOTE: Compliance with these policies does not ensure maintenance of eligibility under the
eligibility standards of other high school state activity associations or entities such as, but not
limited to, the NCAA, NAIA, NJCAA etc. Students are encouraged to communicate with those
organizations to ensure any activity complies with those eligibility standards.
8.4.5 A student forfeits amateur status by signing a professional playing contract in any activity
sanctioned by the OSAA.