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Division I Proposal: AMATEURISM -- USE OF NAME, IMAGE AND LIKENESS -- STUDENT-ATHLETES

List of D1 Schools Impacted: All D1 Institutions
Date Introduced: 11/21/2020

Applicable Text from Legislation

Name, Image and Likeness Activity. A name, image and likeness activity is any activity in which a prospective student-athlete or student-athlete’s name, image, likeness or personal appearance is used for promotional purposes by an non-institutional entity, including the individual prospective student-athlete or student-athlete, a commercial entity or a non-institutional nonprofit or charitable entity. Such use may be compensated (e.g., cash, product or other benefit) or uncompensated.

A student-athlete may receive a prize or other compensation for participation in a non-institutional name, image or likeness activity, provided the primary purpose of the activity is related to the use of the student-athlete's name, image or likeness.

Non-institutional Name, Image and Likeness Activities. A student-athlete may permit the use of his or her name, image or likeness in non-institutional promotional activities and receive compensation for such activities, including for personal appearances. A student-athlete shall not receive compensation for athletics performance or participation as an inducement for enrollment.

Applicable Text from Legislation

Section 12.5.3.1 Institutional Involvement: An institution shall not be involved in the development, operation or promotion of a non-institutional name, image and likeness activity and shall not purchase a student-athlete’s work product or service. A product or service that is developed as part of a student-athlete’s coursework is not subject to these restrictions

Applicable Text from Legislation

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Applicable Text from Legislation

Section 12.5.3.1.1 Use of Institutional Marks: A student-athlete shall not use and an institutional shall not permit the use of institutional marks in non-institutional name, image and likeness activities.

Section 12.5.3.1.3 Reference to the Institution: A non-institutional name, image and likeness activity may include a reference to the institution the student-athlete attends, consistent with institutional policies applicable to any student.

Section 12.5.3.1.4 Institutional Content: A student-athlete may use content created by the institution or one of its vendors (e.g., photos, video), provided the institution retains the rights to the content and the student-athlete does not use the content in any activities for which the student-athlete is compensated.

Section 12.5.3.2 Specifically Prohibited Promotional Activities: A student-athlete shall not engage in name, image and likeness activities involving a commercial product or service that conflicts with NCAA legislation (e.g., sports wagering, banned substances).

Section 12.5.3.3 Conflicts With Institutional Agreements and Other Considerations: An institution may prohibit a student-athlete’s involvement in name, image and likeness activities that conflict with existing institutional sponsorship arrangements. An institution, at its discretion, may prohibit a student-athlete’s involvement in name, image and likeness activities based on other considerations, such as conflict with institutional values, as defined by the institution. An institution shall have policies that set forth the name, image and likeness activities in which student-athletes may or may not engage.

Applicable Text from Legislation

Section 12.5.4.1.2 Institutional Employees or Independent Contractors: A student-athlete is not permitted to use a professional service provider in name, image and likeness activities who is an employee or independent contractor of the institution. For purposes of this provision, an entity that contracts with an institution for the primary purpose of providing products but not services is not considered to be an independent contractor.

Section 12.5.4.2 Institutional Involvement: An institution may provide information and education related to name, image and likeness activities and may assist a student-athlete with evaluating professional service providers related to such activities. However, an institution may not identify or select a professional service provider or arrange for or provide payment for services rendered to the student-athlete.

Applicable Text from Legislation

12.5.3.7 Disclosure of Name, Image and Likeness Activities. A student-athlete shall disclose all name, image and likeness activities, including information related to transactions, compensation arrangements and details of relationships with an involved individual, commercial entity and third parties (e.g., contact information, identification of role). A student-athlete shall disclose information related to a prospective agreement to promote a commercial product or service in advance. If arrangements and details of agreements to promote a commercial product or service are amended, the student-athlete shall provide updates within 14 days of the change.

Question Short Answer Learn More

Does the legislation allow student-athletes to be compensated for use of their NIL? Yes

Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL? Yes

Does legislation make reference to FMV requirements? No

Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements? Yes

Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes? Yes

Is there a disclosure requirement in the Legislation? Yes

Student Athlete Level Playing Field Act

List of D1 Institutions Impacted: All D1 Schools
Date Introduced: 4/26/21

Applicable Text from Legislation

Subject to the exceptions in sub section (b), a covered athletic organization or institution of higher education may not prohibit a student athlete from participating in intercollegiate athletics because such student athlete enters into an agency contract or an endorsement contract or otherwise receives consideration for such student athlete’s name, image, or likeness.

Applicable Text from Legislation

In the case of an institution that has a student attending the institution who is an athlete and has entered into an endorsement contract (as defined under section 2 of the Sports Agent Respon21 sibility and Trust Act (15 U.S.C. 7801)) or an agency contract (as defined in section 9 of the Student Athlete Level Playing Field Act), such institution will not compensate such student for the name, image, or likeness of such student.

Applicable Text from Legislation

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Applicable Text from Legislation

NOTE: This legislation still leaves rule making authority for things like disclosure requirements and third-party affiliation rules for Institutions (but not athletes) in hands of the NCAA.

A covered athletic organization or institution of higher education may prohibit a student athlete from entering into an endorsement contract with the following categories of brands, companies, or types of contracts:

1) A tobacco company or brand, including any vaping device or e-cigarette or related product.

(2) Any alcohol company or brand.

(3) Any seller or dispensary of a controlled substance, including marijuana.

(4) Any adult entertainment business.

(5) Any casino or entity whose primary business is sponsoring or promotion of gambling activities.

PERMISSIBLE PROHIBITIONS.—A student athlete may be prohibited by the institution of higher education of the student athlete from wearing any item of clothing or gear with the insignia of any entity during any athletic competition or athletic-related university-sponsored event.

Applicable Text from Legislation

BOOSTER.—The term ‘booster’ means an individual (other than an individual who is related to a student athlete) or an organization, including a sponsor of an institution’s athletic program, that provides substantial financial assistance or services to the athletic program of an institution of higher education or that promotes a team or athletic program of an institution of higher education for such individual’s or organization’s own substantial financial interest.’’;

It is unlawful for a booster to directly or indirectly provide or offer to provide any funds or thing of value as an inducement for a student athlete to enroll or remain at a specific institution or group of institutions.

Applicable Text from Legislation

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Question Short Answer Learn More

Does the legislation allow student-athletes to be compensated for use of their NIL? Yes

Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL? Yes

Does legislation make reference to FMV requirements? No

Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements? Yes

Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes? No

Is there a disclosure requirement in the Legislation? No

The College Athlete Economic Freedom Act

List of D1 Institutions Impacted: All D1 Schools
Date Introduced: 2/4/21

Applicable Text from Legislation

An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation that prevents college athletes or prospective college athletes, individually or as a group, from marketing the use of their names, images, likenesses, and athletic reputations.

An institution of higher education, an intercollegiate athletic association, or a party affiliated with an institution of higher education or an intercollegiate athletic association that provides direct or indirect support to college athletes with respect to the marketing of their names, images, likenesses, and athletic reputations shall make such support accessible to all college athletes in the applicable athletic program, regardless of gender, race, or participating sport.

Applicable Text from Legislation

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Applicable Text from Legislation

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Applicable Text from Legislation

A third party may not use the name, image, likeness, or athletic reputation of any member of a group of college athletes to market any product unless the third party obtains a license from the group for that purpose.

Applicable Text from Legislation

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Applicable Text from Legislation

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Question Short Answer Learn More

Does the legislation allow student-athletes to be compensated for use of their NIL? Yes

Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL? No

Does legislation make reference to FMV requirements? No

Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements? Yes

Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes? No

Is there a disclosure requirement in the Legislation? No

The Amateur Athletes Protection and Compensation Act of 2021

List of D1 Institutions Impacted: All D1 Schools\
Date Introduced: 2/24/21

Applicable Text from Legislation

A national amateur athletic association or an institution of higher education may not punish or prohibit the participation of an amateur intercollegiate athlete in an intercollegiate athletic event or amateur intercollegiate athletic competition based on the amateur intercollegiate athlete having entered into an endorsement contract with a third party.

Applicable Text from Legislation

The provision of covered compensation to an amateur intercollegiate athlete who is enrolled, or may in the future enroll, in an institution of higher education —

(1) may only be promised, paid, and permitted if the covered compensation is sourced from, and provided at the discretion of, a third party; and

(2) shall not be promised, paid, or permitted to induce—

(A) the recruitment of an amateur intercollegiate athlete to any institution of higher education or a group of institutions of higher education; or

(B) an amateur intercollegiate athlete to continue attending a particular institution of higher education.

Applicable Text from Legislation

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Applicable Text from Legislation

ESTABLISHMENT OF THE AMATEUR INTERCOLLEGIATE ATHLETICS CORPORATION.

(a) Establishment.—There is established a government corporation, to be known as the “Amateur Intercollegiate Athletics Corporation”, which shall not for any purpose be an agency or instrumentality of the United States Government and shall be subject to the provisions of this section.

(b) Purposes.—The purposes of the AIAC are as follows:

(1) To serve as a clearinghouse for best practices with respect to the rights and protections of amateur intercollegiate athletes who enter into agency contracts and endorsement contracts, including by providing guidance to amateur intercollegiate athletes concerning such contracts.

(2) To establish rules to enforce this Act and impose fines, penalties, and sanctions on amateur athlete representatives, institutions of higher education, conferences, and national amateur athletic associations that violate such rules.

(3) To coordinate with the Federal Trade Commission to promulgate, administer, and enforce standards for reviewing and certifying endorsement contracts entered into by amateur intercollegiate athletes, including competency and ethical standards, that apply to—

(A) national amateur athletic associations;

(B) conferences;

(C) amateur intercollegiate athletes;

(D) institutions of higher education; and

(E) amateur athlete representatives.

Applicable Text from Legislation

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Applicable Text from Legislation

(A) ENROLLED ATHLETES.—With respect to an amateur intercollegiate athlete enrolled in an institution of higher education who enters into an endorsement contract, the amateur intercollegiate athlete shall, not later than 7 days after entering into the endorsement contract, provide to the institution of higher education a copy of the endorsement contract.

(B) RECRUITED ATHLETES.—With respect to an amateur intercollegiate athlete who is or may be recruited to attend, but not yet enrolled in, an institution of higher education and who enters into an endorsement contract, the amateur intercollegiate athlete shall, before signing a letter of intent, provide to the institution of higher education a copy of all current and expired endorsement contracts entered into by the amateur intercollegiate athlete.

Question Short Answer Learn More

Does the legislation allow student-athletes to be compensated for use of their NIL? Yes

Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL? Yes

Does legislation make reference to FMV requirements? No

Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements? Yes

"Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes?" No

Is there a disclosure requirement in the Legislation? Yes

Question	Short Answer	Learn More
Does the legislation allow student-athletes to be compensated for use of their NIL?	Yes
Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL?	Yes
Does legislation make reference to FMV requirements?	No
Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements?	Yes
Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes?	Yes
Is there a disclosure requirement in the Legislation?	Yes

Question	Short Answer	Learn More
Does the legislation allow student-athletes to be compensated for use of their NIL?	Yes
Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL?	Yes
Does legislation make reference to FMV requirements?	No
Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements?	Yes
Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes?	No
Is there a disclosure requirement in the Legislation?	No

Question	Short Answer	Learn More
Does the legislation allow student-athletes to be compensated for use of their NIL?	Yes
Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL?	No
Does legislation make reference to FMV requirements?	No
Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements?	Yes
Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes?	No
Is there a disclosure requirement in the Legislation?	No

Question	Short Answer	Learn More
Does the legislation allow student-athletes to be compensated for use of their NIL?	Yes
Does the legislation specifically prohibit institutions from directly compensating student-athletes beyond cost of attendance, including for use of NIL?	Yes
Does legislation make reference to FMV requirements?	No
Can an institution place restrictions on student-athlete activities, including if such activities conflict with their team contract or 3rd Party Agreements?	Yes
"Does the legislation have specific restrictions on 3rd-Party affiliates (i.e. an NIL Vendor) causing or directing compensation To student-athletes?"	No
Is there a disclosure requirement in the Legislation?	Yes

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general educational purposes only. Information on this website may not constitute the most up-to-date information. Readers of this website should contact their attorney or, as appropriate, the NCAA or their college athletic department, to obtain advice with respect to any particular Name, Image and Likeness matter.