NCAA LSDBi

Division I Proposal - 2007-26

AMATEURISM -- PERMISSIBLE AND NONPERMISSIBLE PROMOTIONAL ACTIVITIES -- COMMERCIAL ADVERTISEMENT OR PROMOTION

Status: Defeated Final

Intent: To specify that an advertisement or promotion by a commercial entity (except for any entity that is involved in or promotes sports wagering) may feature competition video footage, competition audio or competition photographs involving a student-athlete with eligibility remaining, provided: (a) The advertisement or promotion is approved by the institution's athletics director (or his or her designee); (2) The advertisement or promotion identifies the commercial entity and explains its affiliation with the institution, conference or the NCAA; and (3) Any language or action included in the advertisement or promotion which directly encourages the use or purchase of a commercial product or service of the commercial entity may not be attributable to or made by the student-athletes, institution, conference or the NCAA.

A.    Bylaws: Amend 12.5.1.4, as follows:

12.5.1.4 Commercial Advertisement or Promotion. 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 member institution's promotional activities 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 approved by the Management Council.

An advertisement or promotion by a commercial entity (except for any entity that is involved in or promotes sports wagering) may feature competition video footage, competition audio or competition photographs involving a student-athlete with eligibility remaining, provided the following conditions are met:

(a) The advertisement or promotion must be approved by the institution's athletics director (or his or her designee, who shall not be a coaching staff member);

(b) The advertisement or promotion must identify (e.g., via graphics, voice-over, text) the commercial entity and explain its affiliation with the institution, conference or the NCAA (e.g., entity is the official sponsor of the institution or event); and

(c) Any language or action (e.g., voice-over, use of product or service, text) included in the advertisement or promotion that directly encourages the use or purchase of a commercial product or service of the commercial entity may not be attributed to or made by the student-athletes, institution, conference or the NCAA.

12.5.1.4.1 Schedule Cards.  An advertisement on an institution's wallet-size playing schedule that includes the name 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 of the student-athlete.

B.    Bylaws: Amend 12.5.2, as follows:

12.5.2 Permissible

12.5.2.1 Advertisement and Promotions Subsequent to Enrollment.  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, except as permitted in Bylaw 12.5.1.4, or

[Remainder of 12.5.2.1 unchanged.]

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 (or the institution's approval as permitted in Bylaw 12.5.1.4), 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.

[Remainder of 12.5.2 unchanged.]

Source: NCAA Division I Academic/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism)

Effective Date:August 1, 2008

Proposal Category: Amendment

Topical Area: Amateurism

Rationale: This proposal addresses the appearance of the name, image or likeness of student-athletes in commercial advertisements or promotions by sponsors with whom institutions, conferences or the NCAA have an affiliation. The proposal was developed in the spirit of balancing the importance of commercial sponsors in maintaining a comprehensive athletics program and the importance of protecting student-athletes from being exploited by commercial entities. The appearance of student-athletes' names, pictures or likenesses in competition video footage, audio or pictures does not create a direct endorsement of commercial products or services. The ability to allow such advertisements or promotions provides an institution, conference or the NCAA greater flexibility in developing relationships with commercial entities that benefit the athletics program, while remaining cognizant of the principle prohibiting commercial exploitation of student-athletes. Further, the increased flexibility may increase the ability of an institution (or conference or the NCAA) to strengthen its relationship with commercial sponsors and increase the ability of institutions to support a comprehensive athletics program or the programming of the conference and the NCAA. The limitation on the use of student-athletes' names, pictures or likenesses to competition footage, audio, or photographs will protect student-athletes' time and continue to prohibit direct endorsements by student-athletes.

Estimated Budget Impact: Potential for increased revenue.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

Jun 12, 2007: Submit; Submitted for consideration.
Jun 13, 2007: Academic/Eligibility/Compliance Cabinet, Sponsored
Jan 13, 2008: Mgmt Council 1st Review, Tabled; Tabled pending the review of issues related the use of student-athlete likenesses by a presidential task force.
Jan 15, 2009: Legislative Council, No Action; Defeated pursuant to sunset provision.
Jan 15, 2009: Defeated; Defeated - Final

Legislative References

Division Number Title
I 12.5.1.1.5 Schedule Cards.
I 12.5.1.4 Congratulatory Advertisement.
I 12.5.2 Nonpermissible.
I 12.5.2.1 Advertisements and Promotions After Becoming a Student-Athlete.
I 12.5.2.2 Use of a Student-Athlete's Name or Picture Without Knowledge or Permission.
References