Name, Image and Likeness Updated Rules for the NCAA
Summary: The NCAA has instituted an interim policy, until such time as the U.S. Congress passes a national law or the NCAA institutes an updated policy.
The NCAA now allows student athletes to take advantage of NIL (Name, Image and Likeness) opportunities without affecting their eligibility to play sports, as long as that activity falls within certain guidelines.
NCAA student-athletes may not be paid for playing college sports and may not receive improper inducements to attend a specific college, however student-athletes may use their own name, image or likeness in commercial and promotional activities.
Overview
It all comes down to where a student athlete goes to school—in terms of the state and the college they are attending.
In states where laws have been passed, students and institutions must follow the state’s NIL law. In states where no laws have been passed, colleges can set up their own reporting requirements, but student athletes will not be penalized for appropriate promotional and commercial activities.
For example, a student may promote a product online through their social media, but they may not be able to shoot a commercial on a college’s campus without prior permission from the school or be paid by the school for playing.
Or, a student may be able to sign a contract to represent a company, but may not be able to wear the university’s jersey during their personal promotional appearances or violate the university’s contract (e.g., with a shoe company), while they are in the college’s uniforms.
There are many nuances, but it comes down to the state you are going to college in and the school you are attending.
In terms of high school students, prospective student-athletes, they may have access to the same opportunities that college athletes have (as noted above) without being penalized, but they should make sure that the high school authorities and the AAU organizations they play with are in congruence with their activities.
So, what’s prohibited?
“NIL agreement without quid pro quo (e.g., compensation for work not performed).
NIL compensation contingent upon enrollment at a particular school.
Compensation for athletic participation or achievement. Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the “consideration” for NIL compensation.
Institutions providing compensation in exchange for the use of a student-athlete’s name, image or likeness.”
NOTE: The NCAA will not monitor compliance with state laws. Some state laws or schools may require reporting of NIL activities.
This new policy does not impact a student’s financial aid.
Bottom-line: Students can now benefit from their own name, image and likeness within the context of certain rules and expectations.
Reference: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_QandA.pdf