In 2023, Kentucky became the 31^st state to permit the monetization of an athlete’s name, image, and likeness for high school athletes. The Kentucky High School Athletic Association (KHSAA) amended two of its Bylaws to include new sections regarding students’ Name, Image, and Likeness (“NIL”) benefits, specifically allowing high school athletes to earn money from “product or business endorsements” associated with their NIL and to be paid for their work at camps or clinics. The two bylaws at issue – Bylaw 10 and Bylaw 16 – provide a comprehensive overview of the KHSAA NIL benefit program and the restrictions on compensation for high school athletes.

An athlete’s identity is a commercial asset. From the high school track star to the Olympic gold medalist, athletes’ names, images, likenesses, signatures, and other personal attributes carry legal protections and economic value. They appear on jerseys, trading cards, and promotional materials, yet the trademark and right of publicity laws governing these rights offer the ability to sell, license, assign, or transfer any aspect of an athlete’s personality. This makes it all the more important to clearly identify and address both at the outset to avoid disputes.

In the ever-changing landscape of college and youth athletics, athletes need to make sure they have a structure in place to both protect and easily monetize their most important and valuable asset: themselves. In the Name, Image, and Likeness (“NIL”) era, athletes have never had more power as it relates to compensation for who they are and what they can do. However, with that power likewise comes pitfalls and risks that each athlete needs to consider before they sign any deal. Before any athlete signs any NIL contract, they need to have a structure in place that properly protects them, their brand, and their rights while also allowing enough flexibility to quickly and efficiently capitalize on opportunities when their value is perceived to be at the highest.