ETTEvery True Tiger

NIL EXPLAINED

In the simplest of terms, Name, Image and Likeness (NIL) is a term that describes the means through which college athletes are allowed to receive financial compensation. NIL refers to the use of an athlete’s name, image, and likeness through marketing and promotional endeavors. This can include autograph signings, product endorsements, social media posts, and more.

EXCLUSION AREAS

EXCLUSION AREAS

At the same time, it’s important to understand what NIL does not mean. NCAA rules still prevent schools from paying players directly. This means that college coaches cannot offer money as an incentive for high school athletes to come play at their school, nor can athletes receive compensation directly from their university based upon their athletic achievements.

ENTITLEMENTS

ENTITLEMENTS

Because the NCAA still intends to maintain its amateur sports status, paying athletes for their play on the field isn’t possible. However, NIL is the workaround for athletes to get paid without technically being considered professional athletes who make a living playing their sport.

FAQ

Name, image and likeness (NIL) are the three elements that make up “right of publicity”, a legal concept used to prevent or allow the use of an individual to promote a product or service. For example, if an athlete’s photograph is taken while wearing an athletic brand, and that brand uses the photo to promote their products without the athlete’s consent, that athlete could claim the brand is in violation of the right of publicity.

The NCAA’s interim policy, which was passed in June 2021, has three main parts: Athletes can engage in NIL activities if they follow state laws where their school is located. Schools must ensure these activities comply with state law. Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules. Athletes are allowed to seek professional service providers for their NIL activities. Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

Here are a few examples of what student-athletes could now be paid for under the NCAA NIL rules: Autographs and memorabilia, Camps and clinics, Personal appearances, Merchandise, Affiliate/ambassador roles, NFTs, Blogging, Podcasting and Public Speaking.