LSDBi
Division I Proposal - 2020-6
AMATEURISM -- USE OF NAME, IMAGE AND LIKENESS -- STUDENT-ATHLETES
Status: Defeated Final
Intent: To permit a student-athlete to use his or her name, image and likeness for compensation, as specified.
A. Bylaws: Amend 12, as follows:
12 Amateurism and Athletics Eligibility
[12.01 unchanged.]
12.02 Definitions and Applications.
12.02.1 Agent. An agent is any individual who, directly or indirectly:
(a) Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or
[12.02.1-(b) unchanged.]
[12.02.1.1 through 12.02.1.2 unchanged.]
[12.02.2 through 12.02.8 unchanged.]
12.02.9 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 noninstitutional entity, including the individual prospective student-athlete or student-athlete, a commercial entity or a noninstitutional nonprofit or charitable entity. Such use may be compensated (e.g., cash, product or other benefit) or uncompensated.
[12.02.9 through 12.02.16 renumbered as 12.02.10 through 12.02.17, unchanged.]
12.1 General Regulations. An individual must comply with the following to retain amateur status. (See Bylaw 12.12 regarding the eligibility restoration process.)
[12.1.1 unchanged.]
12.1.2 Amateur Status. An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
(a) Uses his or her athletics skill (directly or indirectly) for pay in any form for participation in that sport;
(b) Accepts a promise of pay for participating in that sport even if such pay is to be received following completion of intercollegiate athletics participation;
[12.1.2-(c) through 12.1.2-(f) unchanged.]
(g) Enters into an agreement with an agent to secure an opportunity as a professional athlete.
12.1.2.1 Prohibited Forms of Pay. "Pay," as used in Bylaw 12.1.2 above, includes, but is not limited to, the following:
[12.1.2.1.1 through 12.1.2.1.6 unchanged.]
12.1.2.1.7 Prize for Participation in Institution's Promotional Activity. Receipt of a prize for participation (involving the use of athletics ability) in an institution's promotional activity that is inconsistent with the provisions of Bylaw 12.5 or approved official interpretations A student-athlete (or his or her family member) may receive a prize for winning an institutional promotional activity (e.g., making a half-court basketball shot), provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate.
12.1.2.2 Use of Overall Athletics Skill -- Effect on Eligibility. Participation for pay in competition that involves the use of overall athletics skill (e.g., "superstars" competition) constitutes a violation of the Association's amateur-status regulations; therefore, an individual participating for pay in such competition is ineligible for intercollegiate competition in all sports. (See Bylaw 12.5.2.3.3 12.1.2.4.6 for exception related to promotional contests.)
[12.1.2.3 unchanged.]
12.1.2.4 Exceptions to Amateurism Rule.
[12.1.2.4.1 through 12.1.2.4.4 unchanged.]
12.1.2.4.5 Exception for Institutional Fundraising Activities Involving the Athletics Ability of Student-Athletes. Institutional, charitable or educational promotions or fundraising activities that involve the use of athletics ability by a student-athlete to obtain funds (e.g., "swim-a-thons") are permitted only if:
(a) All money derived from the activity or project goes directly to the institution, or conference or the charitable, educational or nonprofit agency;
(b) The student-athlete receives no compensation or prizes for participation; and
(c) The provisions of Bylaw 12.5.1 are satisfied.
12.1.2.4.6 Exception for Noninstitutional Name, Image and Likeness Activities. A student-athlete may receive a prize or other compensation for participation in a noninstitutional 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.
[12.1.2.4.6 through 12.1.2.4.16 renumbered as 12.1.2.4.7 through 12.1.2.4.17, unchanged.]
[12.1.3 unchanged.]
[12.2 unchanged.]
12.3 Use of Agents.
12.3.1 General Rule. An individual shall be ineligible for participation in an intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport to secure an opportunity as a professional athlete. Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport.
[12.3.1.1 through 12.3.1.5 unchanged.]
[12.3.2 through 12.3.4 unchanged.]
12.4 Employment Unrelated to Name, Image or Likeness.
12.4.1 Criteria Governing Compensation to Student-Athletes. Compensation may be paid to a student-athlete: [R]
[12.4.1-(a) through 12.4.1-(b) unchanged.]
12.4.1.1 Athletics Reputation. Such compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability.
12.4.2 Specific Athletically Related Employment Activities.
12.4.2.1 Fee-for-Lesson Instruction. A student-athlete may receive compensation for teaching or coaching sport skills or techniques in his or her sport on a fee-for-lesson basis, provided: [R]
(a) Institutional If institutional facilities are not used, institutional policies and procedures for renting such facilities apply;
[12.4.2.1-(b) unchanged.]
(c) The compensation is paid by the lesson recipient (or the recipient's family member) and not another individual or entity; and
(d) Instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time; and.
(e) The student-athlete does not use his or her name, picture or appearance to promote or advertise the availability of fee-for-lesson sessions.
12.4.2.2 National Team Practice and Competition A student-athlete may receive actual and necessary expenses and reasonable benefits associated with national team practice and competition (e.g., health insurance, broken-time payments). [R]
12.4.2.3 Athletics Equipment Sales. A student-athlete may not be employed to sell equipment related to the student-athlete's sport if his or her name, picture or athletics reputation is used to advertise or promote the product, the job or the employer. If the student-athlete's name, picture or athletics reputation is not used for advertising or promotion, the student-athlete may be employed in a legitimate sales position, provided he or she is reimbursed at an hourly rate or set salary in the same manner as any nonathlete salesperson. [R]
12.4.2.43 Goodwill Tour Commissions. A student-athlete representing the institution in a goodwill tour during summer months, in conjunction with the tour, may sell such items as jackets, blazers or similar institutional promotional items to booster groups or other friends of the institution on a salary, but not a commission, basis. [R]
12.4.32.4 Camp/Clinic Employment, General Rule. A student-athlete may be employed by his or her institution, by another institution, or by a private organization to work in a camp or clinic as a counselor, unless otherwise restricted by NCAA legislation (see Bylaw 13.12 for regulations relating to camps and clinics).
12.4.4 Self-Employment. A student-athlete may establish his or her own business, provided the student-athlete's name, photograph, appearance or athletics reputation ais not used to promote the business.
12.5 Promotional Name, Image and Likeness Activities.
12.5.1 Permissible.
12.5.1.1.1 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs.
12.5.1.1.4.1 Exception -- Olympic, Paralympic or National Team. A national governing body may sell player/trading cards that bear the name or picture of a student-athlete who is a member of the Olympic, Paralympic or national team in that sport, provided all of the funds generated through the sale of such cards are deposited directly with the applicable Olympic, Paralympic or national team.
12.5.1.2 U.S. Olympic and Paralympic Committee/National Governing Body Advertisement Prior to Collegiate Enrollment. Prior to initial, full-time collegiate enrollment, an individual may receive payment for the display of athletics skill in a commercial advertisement, provided:
(a) The individual receives prior approval to appear in the advertisement from the U.S. Olympic and Paralympic Committee or the applicable national governing body;
(b) The U.S. Olympic and Paralympic Committee or national governing body approves of the content and the production of the advertisement;
(c) The individual forwards the payment to the U.S. Olympic and Paralympic Committee or national governing body for the general use of the organization(s); and
(d) The funds are not earmarked for the individual.
12.5.1.3 Continuation of Modeling and Other Nonathletically Related Promotional Activities After Enrollment. If an individual accepts remuneration for or permits the use of his or her name or picture to advertise or promote the sale or use of a commercial product or service prior to enrollment in a member institution, continued remuneration for the use of the individual's name or picture (under the same or similar circumstances) after enrollment is permitted without jeopardizing his or her eligibility to participate in intercollegiate athletics only if all of the following conditions apply:
(a) The individual's involvement in this type of activity was initiated prior to his or her enrollment in a member institution;
(b) The individual became involved in such activities for reasons independent of athletics ability;
(c) No reference is made in these activities to the individual's name or involvement in intercollegiate athletics;
(d) The individual does not endorse the commercial product; and
(e) The individual's remuneration under such circumstances is at a rate commensurate with the individual's skills and experience as a model or performer and is not based in any way upon the individual's athletics ability or reputation.
12.5.1.4 Congratulatory Advertisement. It is permissible for a student-athlete's name or picture, or the group picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete's name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a promotional contest and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official interpretations.
12.5.1.5 Educational Products Related to Sport-Skill Instruction. It is permissible for a student-athlete's name or picture to appear in books, articles and other publications, films, videotapes, and other types of electronic reproduction related to sport-skill demonstration, analysis or instruction, provided:
(a) Such print and electronic media productions are for educational purposes;
(b) There is no indication that the student-athlete expressly or implicitly endorses a commercial product or service;
(c) The student-athlete does not receive, under any circumstances, any remuneration for such participation; however, the student-athlete may receive actual and necessary expenses related to his or her participation; and
(d) The student-athlete has signed a release statement ensuring that the student-athlete's name or image is used in a manner consistent with the requirements of this section.
12.5.1.6 Camps. An institutional or privately owned camp may use a student-athlete's name, picture and institutional affiliation only in the camp counselor section in its camp brochure to identify the student-athlete as a staff member. A student-athlete's name or picture may not be used in any other way to directly advertise or promote the camp. [D]
12.5.1.7 Promotion by Third Party of Highlight Video or Media Guide. Any party other than the institution or a student-athlete (e.g., a distribution company) may sell and distribute an institutional highlight video or an institutional or conference media guide that contains the names and pictures of enrolled student-athletes only if:
(a) The institution specifically designates any agency that is authorized to receive orders for the video or media guide;
(b) Sales and distribution activities have the written approval of the institution's athletics director;
(c) The distribution company or a retail store is precluded from using the name or picture of an enrolled student-athlete in any poster or other advertisement to promote the sale or distribution of the video or media guide; and
(d) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or services of the advertiser.
12.5.1.8 Promotion of NCAA and Conference Championships. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of a student-athlete to generally promote NCAA championships. A student-athlete's name or picture may appear in a poster that promotes a conference championship, provided the poster is produced by a member that hosts a portion of the championship or by the conference.
12.5.1.9 Olympic, Paralympic, Pan American, Parapan American, World Championships, World Cup, World University Games (Universiade) and World University Championships. A student-athlete's name or picture may be used to promote Olympic, Paralympic, Pan American, Parapan American, World Championships, World Cup, World University Games (Universiade) or World University Championships as specified in this section.
12.5.1.9.1 Sale and Distribution of Promotional Items. Promotional items (e.g., posters, postcards, film, videotapes) bearing the name or picture of a student-athlete and related to these events may be sold or distributed by the national or international sports governing body sponsoring these events or its designated third-party distributors. It is not permissible for such organizations to sell player/trading cards that bear a student-athlete's name or picture, except as noted in Bylaw 12.5.1.1.4.1. Promotional items may include a corporate sponsor's trademark or logo but not a reproduction of the product with which the business is associated. The name or picture of the student-athlete may not be used by the distribution company or retail store on any advertisement to promote the sale or distribution of the commercial item.
12.5.1.9.1.1 Corporate Sponsors. A corporate sponsor may sell a promotional item related to these events that uses the name or picture of a team but not an individual student-athlete.
12.5.2 Nonpermissible.
12.5.2.1 Advertisements and Promotions After Becoming a Student-Athlete. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or
(b) Receives remuneration for endorsing a commercial product or service through the individual's use of such product or service.
12.5.2.1.1 Exceptions. The individual's eligibility will not be affected, provided the individual participated in such activities prior to enrollment and the individual:
(a) Meets the conditions set forth in Bylaw 12.5.1.3 that would permit continuation of such activities; or
(b) Takes appropriate steps upon becoming a student-athlete to retract permission for the use of his or her name or picture and ceases receipt of any remuneration for such an arrangement.
12.5.2.1.2 Improper Use of Student-Athlete's Name or Picture. If an institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.2.1, the violation shall be considered an institutional violation; however, the student-athlete's eligibility shall not be affected.
12.5.2.2 Use of a Student-Athlete's Name or Picture Without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.
12.5.2.3 Specifically Restricted Activities. A student-athlete's involvement in promotional activities specified in this section is prohibited.
12.5.2.3.1 Name-the-Player Contest. A student-athlete may not permit use of his or her name or picture in a "name-the-player" contest conducted by a commercial business for the purpose of promoting that business.
12.5.2.3.2 Athletics Equipment Advertisement. A student-athlete's name or picture may not be used by an athletics equipment company or manufacturer to publicize the fact that the institution's team uses its equipment.
12.5.2.3.3 Promotional Contests. Receipt of a prize for winning an institutional or noninstitutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a prospective or enrolled student-athlete (or his or her family member) does not affect his or her eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate.
12.5.2.4 Other Promotional Activities. A student-athlete may not participate in any promotional activity that is not permitted under Bylaw 12.5.1.
12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions. An institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), or a conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture image, likeness or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
(a) The student-athlete's participation is subject to the limitations on participants in such activities as set forth in Bylaw 17;
(b) The specific activity or project in which the student-athlete participates does not involve co-sponsorship, advertisement or promotion by a commercial agency other than through the reproduction of the sponsoring company's officially registered regular trademark or logo on printed materials such as pictures, posters or calendars. The company's emblem, name, address, telephone number and website address may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) are prohibited;
(c) The name, or picture image or likeness of a student-athlete with remaining eligibility may not appear on an institution's printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a commercial entity is associated if the commercial entity's officially registered regular trademark or logo also appears on the item;
(d) The student-athlete does not miss class;
(e) All moneys derived from the activity or project go directly to the institution, or conference or the charitable, educational or nonprofit agency;
(f) The student-athlete may accept actual and necessary expenses from the institution, or conference or the charitable, educational or nonprofit agency related to participation in such activity; and
(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency;
(h g) Any commercial items with names, images or likenesses or pictures of multiple student-athletes (other than highlight films or media guides per Bylaw 12.5.1.7) may be sold only at the institution in which student-athletes are enrolled, the institution's conference, or institutionally controlled (owned and operated) outlets or outlets controlled by the charitable, educational or nonprofit organization (e.g., location of the charitable or educational organization, site of charitable event during the event). Items that include an individual student-athlete's name, picture image or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold; and.
(i) The student-athlete and an authorized representative of the charitable, educational or nonprofit agency affirm that the student-athlete's name, image or appearance is used in a manner consistent with the requirements of this section.
12.5.1.1.2 Promotions Involving Commercial Locations/Sponsors. An institution, or a conference or a charitable, educational or nonprofit organization may use the appearance, name, or picture image or likeness of an enrolled student-athlete to promote generally its fundraising activities at the location of a commercial establishment, provided the commercial establishment is not a co-sponsor of the event and the student-athlete does not promote the sale of a commercial product in conjunction with the fundraising activity. A commercial establishment would become a co-sponsor if the commercial establishment either advertises the presence of the student-athlete at the commercial location or is involved directly or indirectly in promoting the activity.
12.5.1.12.3 Distribution of Institutional Items through Commercial Outlets. An institution may distribute noncommercial items that include names, images or likenesses or pictures of student-athletes (items not for sale) at commercial establishments, provided the institution generally distributes such items to other commercial establishments in the community and the distribution of the items does not require the recipient to make a purchase at the commercial establishment.
12.5.1.13.4 Player/Trading Cards. An institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), or a conference or a noninstitutional charitable, educational or nonprofit agency may distribute but may not sell player/trading cards that bear a student-athlete's name, image or picture likeness.
12.5.1.14.5 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes the name, image or likeness or picture of a student-athlete may include language other than the commercial product's name, trademark or logo, provided the commercial language does not appear on the same page as the picture name, image or likeness of the student-athlete. [D]
12.5.1.15.6 Effect of Violations. The following violations A violation of Bylaw 12.5.1.1 in which the institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name, image or likeness in a manner contrary to Bylaw 12.5.1.1 shall be considered an institutional violations violation; however, the student-athlete's eligibility shall not be affected:.
(a) An institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.1.1; or
(b) A violation in which the only condition of the legislation not satisfied is the requirement that the student-athlete and an authorized representative of the charitable, educational or nonprofit agency affirm that the student-athlete's name, image or appearance is used in a manner consistent with the requirements of Bylaw 12.5.1.1, provided the affirmation would have been given if requested.
12.5.2 Promotion of NCAA Championships, Events, Activities or Programs and Conferences Championships. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name, image or likeness of a student-athlete to generally promote NCAA championships or other NCAA events, activities or programs. A conference [or a third party acting on behalf of the conference (e.g., host institution, local organizing committee)] may use the name, image or likeness of a student-athlete to generally promote conference championships.
12.5.3 Noninstitutional Name, Image and Likeness Activities. A student-athlete may permit the use of his or her name, image or likeness in noninstitutional 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 (see Bylaws 13.2 and 16.11.2.1).
12.5.3.1 Institutional Involvement. An institution shall not be involved in the development, operation or promotion of a noninstitutional 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.
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 noninstitutional name, image and likeness activities.
12.5.3.1.1.1 Congratulatory Advertisement. A student-athlete's name, image or likeness may be used and an institution may permit the use of institutional marks in a congratulatory advertisement, provided the primary purpose of the advertisement is to publicize the sponsor's congratulations to the student-athlete or team and the advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark.
12.5.3.1.2 Use of Institutional Facilities. A student-athlete shall not use institutional facilities for noninstitutional name, image and likeness activities other than those permitted in Bylaws 12.5.3.1 and 12.4.2.1.
12.5.3.1.3 Reference to the Institution. A noninstitutional name, image and likeness activity may include a reference to the institution the student-athlete attends, consistent with institutional policies applicable to any student.
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.
12.5.3.1.5 Merchandise and Memorabilia. A student-athlete is not permitted to sell items provided by the institution, including awards and apparel retained by the student-athlete at the end of a season that the institution will not reuse, until the student-athlete has exhausted eligibility for intercollegiate competition or has become permanently ineligible for competition. A student-athlete may sell institutional merchandise he or she has purchased, subject to institutional restrictions related to the resale of items that include institutional marks.
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).
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.
12.5.3.4 Autographs. A student-athlete may receive compensation for his or her autograph; however, a student-athlete is not permitted to receive compensation for signing an autograph while he or she is participating in required athletically related activities or otherwise representing the institution and no institutional marks may be used in conjunction with the sale of an autograph.
12.5.3.5 Crowdfunding.
12.5.3.5.1 Crowdfunding for Educational Expenses. A student-athlete may use the student-athlete's name, image or likeness through a crowdfunding service (e.g., website) to raise funds for educational expenses (e.g., mission trips, internships) that are not included in the cost of attendance calculation, provided there is no institutional involvement. It is not permissible for a student-athlete to use the student-athlete's name, image or likeness through a crowdfunding service to raise funds to cover educational expenses that are included in the definition of cost of attendance.
12.5.3.5.2 Crowdfunding for a Specific Charitable Purpose. A student-athlete’s name, image or likeness may be used through a crowdfunding service (e.g., website) to raise funds for a specific charitable purpose [e.g., relief efforts for victims of a catastrophic event, community hardship (other than the student-athlete's family) (see Bylaw 16.11.1.7)], provided any excess proceeds are given to a not-for-profit organization.
12.5.3.5.3 Crowdfunding for Actual and Necessary Expenses. A student-athlete’s name, image or likeness may be used through a crowdfunding service (e.g., website) to raise funds to cover actual and necessary expenses pursuant to Bylaw 12.1.2.1.4.3.
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. Disclosure shall include an attestation that compensation received is not based on athletics performance or received as an inducement for enrollment.
12.5.34 Media Activities. A student-athlete may participate in media activities, including but not limited to, radio, television and internet-based programs (e.g., coaches’ shows), and writing projects when the student-athlete’s appearance or participation is related in any way to his or her status as a student-athlete. The student-athlete shall not receive any remuneration for participation in the activity. The student-athlete shall not make any endorsement, expressed or implied, of any commercial product or service. The student-athlete may, however, receive actual and necessary expenses directly related to the appearance or participation in the activity. A student-athlete participating in such media activities may not miss class, except for class time missed in conjunction with away-from-home competition or to participate in an NCAA or conference-sponsored media activity.
[12.5.4 renumbered as 12.5.6, unchanged.]
[12.6 through 12.12 unchanged.]
B. Bylaws: Amend 13.2, as follows:
13.2 Offers and Inducements.
13.2.1 General Regulation. An institution's staff member or any representative of its athletics interests shall not be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospective student-athlete or his or her family members or friends, other than expressly permitted by NCAA regulations. Receipt of a benefit by a prospective student-athlete or his or her family members or friends is not a violation of NCAA legislation if it is determined that the same benefit is generally available to the institution's prospective students or their family members or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability. [R]
13.2.1.1 Specific Prohibitions. Specifically prohibited financial aid, benefits and arrangements include, but are not limited to, the following: [R]
[13.2.1.1-(a) through 13.2.1.1-(i) unchanged.]
(j) Sponsorship of or arrangement for an awards banquet for high school, preparatory school or two-year-college athletes by an institution, representatives of its athletics interests or its alumni groups or booster clubs; and
(k) Expenses for academic services (e.g., tutoring, test preparation) to assist in the completion of initial-eligibility or transfer-eligibility requirements or improvement of the prospective student-athlete's academic profile in conjunction with a waiver request.; and
(l) An arrangement for the use of a prospective student-athlete's name, image or likeness noninstitutional promotional activities that is contingent on enrollment at a particular institution.
[13.2.1.2 through 13.2.1.5 unchanged.]
[13.2.2 through 13.2.11 unchanged.]
C. Bylaws: Amend 13.12.2, as follows:
13.12.2 Employment at Camp or Clinic.
13.12.2.1 Student-Athletes. A student-athlete may be employed in any sports camp or clinic, provided compensation is provided pursuant to the criteria of Bylaw 12.4.1. A student-athlete who only lectures or demonstrates at a camp/clinic may not receive compensation for his or her appearance at the camp/clinic.
13.12.2.1.1 Self-Employment. A student-athlete with remaining eligibility is not permitted to conduct his or her own camp or clinic. [R]
[13.12.2.2 through 13.12.2.3 unchanged.]
D. Bylaws: Amend 15.2.7, as follows:
15.2.7 Employment. Earnings from a student-athlete's on- or off-campus employment that occurs at any time is exempt and is not counted in determining a student-athlete's cost of attendance or in the institution's financial aid limitations, provided:.
(a) The student-athlete's compensation does not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability;
(b) The student-athlete is compensated only for work actually performed; and
(c) The student-athlete is compensated at a rate commensurate with the going rate in that locality for similar services (see Bylaw 12.4).
Source: NCAA Division I Council (Name, Image and Likeness Legislative Solutions Group)
Effective Date:August 1, 2021
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: This proposal would permit student-athletes to benefit from the use of their names, images and likenesses in a manner that is consistent with the NCAA Board of Governors' guiding principles and with the direction to consider appropriate rules changes based on recommendations from the Federal and State Legislation Working Group. These recommendations fall into two categories: (1) activities related to student-athlete business activities; and (2) promotion/endorsement of products and services. Student-athletes should have full use of their names, images and likenesses related to their own business activities, including autographs and appearances, noting the direct tie between these activities and a student-athlete's identity. Allowing student-athletes to use their names, images and likenesses to promote their own business activities will provide student-athletes the opportunity to pursue entrepreneurial activities in the same manner as their peers who are not student-athletes. Many student-athletes may have limited opportunities in their lifetimes to profit from their names, images and likenesses. If a market exists for a student-athlete to be compensated for an appearance, he or she should be permitted to capitalize on that potential, provided the compensation is not an inducement to attend an institution or "pay for play" compensation. Moreover, an institution is permitted to request student-athletes to appear voluntarily on its behalf as part of being a member of an athletic team (e.g., institution fundraiser). Allowing student-athletes to be compensated for their independent appearances provides opportunities outside of official institutional appearances. Permitting student-athletes to use their names, images and likenesses for crowdfunding allows student-athletes to engage in activities in the same manner as their peers who are not student-athletes, supports student-athlete well-being and removes bureaucracy surrounding such activities. Importantly, these opportunities may occur in a manner that is consistent with the NCAA's core values, mission and principles, while prioritizing student-athlete well-being. Further, the recommended administrative framework for these legislative changes ensures that the legislation will be transparent and enforceable, consistent with the Board of Governors' principles. During the development of this proposal, representatives of institutions and conferences, including student-athletes, and constituent groups provided feedback on ways to modernize NCAA legislation to allow for student-athletes to receive compensation for their names, images and likenesses. Student-athlete voices were prioritized throughout the process.
Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.
Is the proposal consequential or nationally significant?: Yes. The NCAA Board of Governors directed the divisions to consider appropriate rules changes to provide student-athletes the opportunity to benefit from the use of their names, images and likenesses in a manner consistent with the values and beliefs of intercollegiate athletics.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. The merits of providing significant opportunities to student-athletes outweighs the potential monitoring burden.
How does the proposal support student-athlete success/well-being?: This proposal would allow student-athletes to take advantage of opportunities to support themselves through the use of their names, images and likenesses.
Estimated Budget Impact: TBD.
Impact on Student-Athlete's Time (Academic and/or Athletics): A student-athlete's time may be impacted by engaging in name, image and likeness activities.
Position Statement(s):
| Student-Athlete Experience Committee | Supports |
History
| Nov 13, 2020: | In Progress | |
| Dec 16, 2020: | In Progress | The Council modified the proposal to permit a student-athlete to reference the institution he or she attends, consistent with institutional policies applicable to any student, in any name, image and likeness activities. |
| Jan 11, 2021: | Tabled | |
| Jan 19, 2022: | Defeated Final | Based on application of the sunset provision. |
Legislative References