Alabama’s Name, Image, and Likeness Laws, Rules and Regulations - Everything You Need to Know
Alabama is home to some of the nation’s most prestigious and historic college athletics teams. High School and College Athletes across the state have sought to or competed at these colleges with hopes and dreams of making it to the big leagues. But since 2021, the game and the laws have changed allowing players to earn compensation for the use of their name, image and likeness (NIL). In this article, I dive into everything college and high school student-athletes, as well as, third parties that want to partner with these athletes such as collectives, businesses, and athlete agents need to know about Alabama’s NIL laws, rules, and regulations.
History of Alabama’s NIL Laws
In 2021, the National Collegiate Athletic Association (NCAA) adopted interim guidance which allowed college athletes to earn compensation for the use of their NIL without impacting the athlete’s eligibility with the NCAA. In response, Governor Kay Ivey signed Alabama’s NIL bill into law. Alabama’s original NIL law provided student-athletes with protection from contracts extending beyond their eligibility to participate in intercollegiate athletics and prevented student-athletes from entering into NIL deals that conflicted with the student-athletes contractual obligations (i.e., a student-athlete at Auburn University, that is sponsored by Under Armour, could not sign an apparel deal with Nike). However, states across the country began repealing laws that restricted NIL deals or otherwise gave universities and student-athletes in other states an unfair competitive advantage. As such, Governor Ivey repealed Alabama’s NIL laws in February 2022.
Alabama’s Current NIL Laws, Rules, and Regulations for College and High School Student Athletes
Now, as it currently stands, Alabama has no laws restricting NIL deals or protecting college student-athletes from commercial exploitation of their NIL. Instead, the framework in which college student-athletes, and interested third parties, must abide by is effectively in three parts. First, any party that wishes to engage in an NIL must comply with the NCAA interim policy for NIL. Second, student-athletes and interested third parties must comply with university rules and regulations for NIL. Third, athlete agents, who represent student-athletes’ athletic ability and reputation, must comply with Alabama’s Athlete Agent Statute and university rules and regulations governing athlete agents.
High school student-athletes in Alabama are not allowed to earn compensation for the use of their NIL. High school student-athletes that violate this restriction risk losing their eligibility to compete in high school athletics. In 2024, Representative Jeremy Gray introduced a bill that would have allowed high school student-athletes to earn compensation for the use of their NIL. However, this bill never passed.
Nicholas Patti is a former collegiate student-athlete and is currently a licensed athlete-agent and attorney in the State of Alabama, Florida, Georgia, Mississippi and North Carolina.
