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ARTICLE · 15 SEPTEMBER 2022

Name, Image, And Likeness Finding Its Way Into High Schools

Duane Morris LLP
Duane Morris LLP
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Little more than a year after the NCAA changed its rules on NIL opportunities for collegiate athletes, state legislatures and state high school athletic associations (at least in some states)...

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Well, that didn't take long.

Little more than a year after the NCAA changed its rules on NIL opportunities for collegiate athletes, state legislatures and state high school athletic associations (at least in some states) have paved the way for high school students looking to capitalize on their names, images, and likenesses. These developments expand the field of NIL-eligible students exponentially, along with all the questions, uncertainties, and legal gray areas that follow.

To be clear, most states still limit, if not prohibit, high school students from profiting from their NIL rights. However, as with collegiate NIL, we expect the list to grow until all fifty states and DC have covered the topic, just as Oregon is about to do. But even in those states which do purport to allow NIL agreements, the policies and procedures might be far from clear. For example, North Dakota's governing high school athletic association's amateurism bylaws provide that a

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