Indiana Becomes the Latest State to Approve NIL Rules for High School Athletes

The IHSAA approved the measure by a 13-5 vote, allowing athletes to profit from their name, image and likeness beginning with new “Personal Branding Activity” guidelines.

Indiana has become the 43rd state to pass NIL guidelines for high school athletes, with the approval of an addition to IHSAA bylaws. | SBLive Sports

Since the NCAA passed NIL rules in June 2021, parents and athletes have pushed for similar opportunities at the high school level. And at their May 4th meeting the IHSAA directors voted 13-5 to pass name, image and likeness rules. In an effort to clearly state that the high school system is different from the college system they chose to call it Personal Branding Activities (PBA).

IHSAA Creates ‘Personal Branding Activity’ Model

"Unlike the current college system, where schools often play a direct role in NIL compensation, the new rule keeps high schools out of arranging funding deals for student-athletes," IHSAA Commissioner Paul Neidig said in a release. "Instead, it allows students to benefit independently from their school, without using school branding or representing school-sponsored endorsements. It creates a clear distinction between the college model and the educational mission of high school athletics."

How the New Rules Will Work

Athletes, parents and administrators will all have a role to play in the system as all deals must be reported to the school within 48 hours. Schools will have the option to review the agreement to verify compliance, but cannot prohibit compliant activities. They are also required to provide annual education about PBA rules, requirements, and potential consequences for violations.

Parents and guardians will be required to determine if any agreements could affect NCAA, NJCAA or NAIA eligibility, along with all labor and tax laws. 

Under the new rules, Indiana athletes can profit from the following:

• Endorsements
• Personal Appearances
• Social Media Promotion
• Other Branding Opportunities

Similar to guidelines in most other states, Indiana will not allow NIL activities directly tied to their schools or athletic performances.

Schools Cannot Participate in Deals

Unlike the model, however, schools can not pay players or participate in deals. In addition, athletes are prohibited from using school names, logos, uniforms or facilities as a part of an agreement.  

"You can't sell, in our opinion, what you don't own,” Neidig said. “Students own their name, we've already established. But they don't own the school's name. They don't own the uniform. They don't own the facility. So, to be able to monetize off of that, we think shouldn't be done. But if they can do it within their own name, we're certainly perfectly fine with that."

Attorney Praises Move

Milt Thompson is a long-time sports and entertainment attorney in Indianapolis said the rule change aligns with longstanding publicity rights protections.

"I think that they're taking the right step in the right direction, giving opportunity for people to be able to exploit, if you will, in the legal sense, their likenesses and their celebrity and fame,” Thompson said. "Get ahead of it, devise the rules and stay within the legal framework, but it also provides the freedom of enterprise. That's what America is all about. We've got to allow people to do what they do, and their rights of publicity have been around for a long time."

Indiana Joins Growing National Trend

With Indiana passing name, image and likeness rules, there are now just seven states that still have a prohibition.