Earlier this week, the Oregon School Activities Association authorized high school athletes to benefit from their Name, Image, and Likeness (NIL). The Association’s new Rule 8.4.4 went into effect immediately.
Rule 8.4.4 imposes various restrictions on NIL compensation and activities. For example, NIL compensation can neither be contingent on specific athletic performance or achievement nor be provided to induce a student to attend a particular member school. A student cannot use the respective marks, logos, or insignias of the Association or members schools in NIL activities. The rule also prohibits students from promoting certain services or products, including those associated with alcohol or cannabis, prescription pharmaceuticals, and any product illegal for persons under 18 years old. Such restrictions (along with others contained in Rule 8.4.4) are generally consistent with approaches taken by athletic associations in other states, both at the high school and collegiate levels. See, for instance, my colleague Renay Hamilton’s recent discussion of the Massachusetts Interscholastic Athletic Association’s approach to NIL.
Rule 8.4.4 also encourages students and their families to seek legal counsel and tax advice when considering NIL activity. It notes that complying with the Association’s rule does not mean that a student has complied with the eligibility standards of other high school associations or other governing bodies such as the NCAA.