College and high-school name, image & likeness rules for New York (NY) — at a glance, in plain English. Not legal advice; confirm with a compliance office before acting.
At a glance
NIL in New York today.
College NIL: Legal (state law). High-school NIL: Allowed, per State NIL law + NYSPHSAA (HS). NIL collectives: operating. Deal-disclosure threshold: $600. Governing statute: New York Collegiate Athletic Participation Compensation Act (S5891-F / A5115-E) (N.Y. Educ. Law § 6438-c), active, effective January 2023. High-school governance: New York State Public High School Athletic Association (NYSPHSAA). Last reviewed August 2026 — this is a plain-English overview pending verification, not legal advice.
What to know
How the rules play out in New York.
New York enacted an NIL law covering college athletes at institutions across the state. The NYSPHSAA has moved toward allowing high-school NIL under amateurism guardrails. Collectives are active around the state's larger programs; confirm the current disclosure workflow per school.
Who governs NIL in New York
As of August 2026, college NIL in New York runs on two layers. The state's own statute, the New York Collegiate Athletic Participation Compensation Act, is codified today at Education Law section 6438-c and has applied to contracts since January 1, 2023. On top of it sits the national framework: NCAA rules plus the House v. NCAA settlement, under which schools can pay athletes directly and third-party deals of 600 dollars or more go through the College Sports Commission's NIL Go clearinghouse. High school athletes answer to a different body entirely: the NYSPHSAA, whose amateur rule was revised in October 2021 to make room for endorsements that stay clear of school branding.
What Education Law 6438-c actually says
The statute's core provisions, by subdivision, as published on the state Senate's law site:
Subdivision 2: colleges, conferences and athletic associations such as the NCAA may not enforce any rule that prevents a student-athlete from earning NIL compensation, and may not punish a college because its athletes earn it.
Subdivision 3: colleges and athletic organizations may not themselves pay a prospective student-athlete for NIL as a recruiting inducement.
Subdivision 4: athletes may hire agents and attorneys for NIL contracts, provided the representative is registered or licensed in New York.
Subdivision 5: an athletic scholarship covering cost of attendance is not NIL compensation and cannot be revoked because an athlete earns NIL money.
Subdivision 6: athletes must disclose a proposed NIL contract to a designated college official in advance, and may not sign deals that conflict with team obligations, existing college sponsorships or the college's intellectual property.
Subdivision 8: NCAA Division I programs must offer student-athlete assistance covering financial distress, mental health, financial literacy and career development.
High-school rules
The NYSPHSAA Handbook's Eligibility Standards contain the operative rule, adopted by the Executive Committee in October 2021 according to the handbook's own annotation and contemporaneous legal commentary:
Amateur rule 2.c (Oct. 2021): an athlete forfeits amateur status by capitalizing on athletic fame by receiving money, compensation, endorsements or gifts of monetary value in affiliation or connection with activities involving the student's school team, school, Section or NYSPHSAA.
Rule 2.c.1: the provision is not intended to restrict the right of any student to participate in a commercial endorsement provided there is no school team, school, Section or NYSPHSAA affiliation.
Rule 2.c.2: the student may not appear in the school's uniform and may not use the marks or logos of the school, section or NYSPHSAA in any endorsement.
A student who violates the amateur rule may apply for reinstatement one year from the date of the latest violation.
The practical read
College athletes in New York can sign endorsement, appearance and social media deals, keep their scholarships, and hire registered representation - but they reportedly need to clear contracts with their school before signing and steer around school sponsorship conflicts and school IP. High schoolers can do brand deals as private individuals: no jersey, no school name, no section or NYSPHSAA logos, or they risk their eligibility.
What's moving
Since the House settlement took effect in mid-2025, New York athletes also live under the national revenue-sharing cap and the NIL Go review for outside deals of 600 dollars or more - including deals signed before enrolling. The state statute itself has been stable since taking effect in January 2023, though its section number has shifted as the legislature added neighboring 6438 sections. On the high-school side, the NYSPHSAA has run an NIL education partnership with Eccker Sports since September 2022 to help families navigate deals.
Go deeper
Compare states, then run your numbers.
Compare New York with every other state in the NIL Rules by State tracker, estimate your take-home on NIL income with the free NIL Tax Calculator, and see what your name, image, and likeness is actually worth with HDBND's free athlete tools.
Frequently asked questions
Is college NIL legal in New York?
Yes — college athletes in New York can earn from their name, image, and likeness. Status: Legal (state law). New York has its own NIL statute layered on top of NCAA policy and the House settlement. Confirm the current rules with each school's compliance office.
Can high school athletes earn NIL in New York?
High-school NIL status in New York: Allowed, per State NIL law + NYSPHSAA (HS). It's generally permitted under the association's amateurism and recruiting guardrails. This is a general overview, not legal advice.
Do athletes have to disclose NIL deals in New York?
The working disclosure threshold here is "$600." Under the House settlement, third-party deals at or above $600 at participating schools go to the NIL Go clearinghouse for review; some schools ask for every deal. Confirm your school's exact process.
Can New York college athletes use their school's logo or uniform in an NIL ad?
Not without permission. Education Law 6438-c subdivision 6 bars contracts that conflict with the college's intellectual property or existing sponsorships, so school marks generally stay off-limits unless the school licenses them. Confirm with your school's compliance office before signing.
Does my NIL agent have to be registered in New York?
The statute says professional representation must come from athlete agents or attorneys who are registered or licensed in the state, and hiring one cannot be held against you. An out-of-state agent may need New York registration first. Verify a representative's registration status with your school's compliance office before signing anything.
Can a New York high schooler appear in a sponsored post wearing their team jersey?
No. The NYSPHSAA amateur rule allows commercial endorsements only when there is no school, team, section or NYSPHSAA affiliation, and it specifically prohibits appearing in the school uniform or using school logos. Check with your athletic director before any paid post.