Status: Adopted Final
Intent: To amend NCAA Proposal No. 2010-26, to restrict the use of a student-athlete's name or likeness for promotions and advertisements, as specified; further, to eliminate the distinction in the application of the media activities legislation between those that occur during the playing season and those that occur outside the playing season.
A. Bylaws: Amend Proposal No. 2010-26, 12.02, as follows:
12.02 DEFINITIONS AND APPLICATIONS
12.02.2 Likeness. Likeness includes an individual's image, photograph, likeness (whether actual, simulated, photographic, computer-generated, rendered, caricature or otherwise), voice (whether speaking, rapping, singing, altered or otherwise), personality, biographical information and/or other personal identification.
12.02.3 Name. Name includes an individual's name, nickname, sobriquet, signature (whether actual, simulated, photographic, computer-generated, rendered, caricature or otherwise) and/or other personal identification.
[12.02.4 through 12.02.7 renumbered as 12.02.2 through 12.02.5, unchanged.]
B. Bylaws: Amend Proposal No. 2010-26, 12.5.1, as follows:
188.8.131.52 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, 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 promotional activity must be approved in writing by the institution's director of athletics (or his or her designee who may not be a coaching staff member), subject to the limitations on participants in such activities as set forth in Bylaw 17;
(b) The student-athlete and an authorized representative of the charitable, educational or nonprofit agency must sign a release statement granting permission to use his or her name, likeness or appearance in a manner consistent with the requirements of this section;
(c) The promotional activity may involve co-sponsorship by a commercial entity, as approved by the institution, subject to the following conditions:
(1) The promotion must identify (e.g., via graphics, voice over, text) the commercial entity's affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency (e.g., entity is the official sponsor of the institution or event); and
(2) There is no indication in the makeup, wording or action of the co-sponsorship that the student-athlete endorses or is directly promoting the use of a product or service of the commercial entity.
(d) The student-athlete shall not miss class;
(e) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency;
(ef) The student-athlete may accept actual and necessary expenses from the member institution, member conference or the charitable, educational or nonprofit agency related to participation in such activity; and
(fg) Any institutional commercial items with names or likenesses of multiple student-athletes (other than highlight films or media guides per Bylaw 184.108.40.206) may be sold only by at the member institution at which the student-athlete is enrolled, the institution's conference, institutionally controlled (owned and operated) outlets or other institutionally authorized entities (subject to Bylaw 220.127.116.11.1) or outlets controlled by the charitable, educational or nonprofit organization (e.g., location of the charitable or educational organization, site charitable event during the event). Items that include an individual student-athlete's name 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.
18.104.22.168.1 Sale of Institutional Commercial Items. A commercial entity may sell an institutional commercial item that includes the names and/or likenesses of multiple student-athletes, provided the following conditions are met:
(a) The sale of the commercial item is approved by the institution's director of athletics (or his or her designee who may not be a coaching staff member);
(b) The commercial item must be considered to be an institutional item and must include the name of the institution. Two or more institutions may collectively agree to authorize or license a commercial item that includes the names or likenesses of multiple student-athletes [any commercial item authorized for sale by the institution (or institutions) may be considered to be an institutional commercial item];
(c) The involved student-athletes have signed a release statement granting permission to use their names or likenesses in a manner consistent with the requirements of this section;
(d) The involved student-athletes shall not directly endorse or promote the use of the commercial item; and
(e) The commercial item does not involve or relate in any way to alcoholic beverages, tobacco products or an organization that is involved with or promotes gambling.
22.214.171.124.21 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or third part acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or likeness of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs.
126.96.36.199.32 Promotions Involving Commercial Locations/Sponsors. A member institution, a member conference or a charitable, educational or nonprofit organization may use the appearance, name or likeness of an enrolled student-athlete to promote its activities at the location of a commercial establishment, provided the commercial establishment is not which may be a co-sponsor of the activity, provided the student-athlete does not directly promote the sale of a commercial product or service in conjunction with the 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.
[188.8.131.52.4 through 184.108.40.206.6 renumbered as 220.127.116.11.3 through 18.104.22.168.5, unchanged.]
[22.214.171.124 through 126.96.36.199 unchanged.]
188.8.131.52 Congratulatory 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 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 184.108.40.206.3 and official interpretations.
An advertisement or promotion by a commercial entity may include a student-athlete's name or likeness (e.g., competition video footage, competition photographs), provided the following conditions are met:
(a) The advertisement or promotion is approved by the institution's director of athletics (or his or her designee who may not be a coaching staff member);
(b) The student-athlete has signed a release statement granting permission to use his or her name or likeness in a manner consistent with the requirements of this section;
(c) The student-athlete does not miss class;
(d) The advertisement or promotion identifies (e.g., via graphics, voice over, text) the commercial entity's affiliation with the institution, conference or the NCAA (e.g., entity is the official sponsor of the institution or event);
(e) There is no indication in the makeup, wording or action of the advertisement or promotion that the student-athlete endorses or is directly promoting the use of a product or service of the commercial entity;
(f) If a student-athlete's name is used in the advertisement or promotion, a reference to the student-athlete's institution must be used immediately before or after his or her name; and
(g) The advertisement or promotion does not involve alcoholic beverages, tobacco products or an organization that is involved with or promotes gambling.
220.127.116.11.1 Effect of Violation. A violation of this bylaw shall be considered an institutional violation per Constitution 2.8.1; however, the student-athlete's eligibility shall not be affected.
[18.104.22.168 through 22.214.171.124 unchanged.]
126.96.36.199 Promotion by Third Party of Highlight Film, 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 film or 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 film, 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 film 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.
[188.8.131.52 through 184.108.40.206 renumbered as 220.127.116.11 through 18.104.22.168, unchanged.]
C. Bylaws: Amend Proposal No. 2010-26, 12.5.2, as follows:
22.214.171.124 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 likeness to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind, except as permitted in Bylaws 126.96.36.199 and 188.8.131.52, or
[Remainder of 184.108.40.206 unchanged.]
220.127.116.11 Use of a Student-Athlete's Name or Likeness without Knowledge or Permission. If a student-athlete's name or likeness appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to advertise or promote a commercial product or service sold by an individual or agency without the student-athlete's knowledge or permission in a manner contrary to the requirements of Bylaw 18.104.22.168, 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.
22.214.171.124 Specifically Restricted Activities. A student-athlete's involvement in promotional activities specified in this section is prohibited.
126.96.36.199.1 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.
188.8.131.52.2 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.
[184.108.40.206 renumbered as 220.127.116.11, unchanged.]
D. Bylaws: Amend Proposal No. 2010-26, 12.5.3, as follows:
12.5.3 Media Activities. A student-athlete may participate in media activities (e.g., appearance on radio, television, in films or stage productions or participation in writing projects) when such appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete is eligible academically to represent the institution, he or she does not receive any remuneration for such appearance or participation and he or she is not portrayed in a manner as promoting or directly endorsing the sale or use of a commercial product or service. The student-athlete may, however, receive legitimate and normal expenses directly related to such appearance or participation, provided the source of the expenses is the entity sponsoring the activity. A student-athlete participating in media activities may not miss class, except for class time missed in conjunction with away-from-home competition or to participate in a conference-sponsored media day.
18.104.22.168 Use of a Student-Athlete's Name of Likeness by a Media Entity in Conjunction with Coverage of Intercollegiate Competition and Other Activities. A media entity, or its authorized distributor, may include a student-athlete's name or likeness in its coverage and promotion of intercollegiate competition and other activities incidental to his or her participation in intercollegiate athletics, provided the student-athlete is not portrayed in a manner as promoting or directly endorsing the sale or use of a commercial product or service. A media entity may feature a student-athlete's name or likeness in the course of its journalistic coverage of news (and the promotions of such coverage) related to the student-athlete or his or her institution or conference or the NCAA.
Source: NCAA Division I Amateurism Cabinet
Effective Date:August 1, 2011
Proposal Category: Amendment-to-Amendment
Topical Area: Amateurism
Rationale: This amendment maintains current restrictions related to commercial advertisements and the sale of institutional commercial items; however, it would permit flexibility as it relates to co-sponsorship of institutional, charitable, education or nonprofit promotions. Also, it eliminates the distinction between media activities that occur during the playing season and those that occur outside the playing season.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
|Feb 17, 2011:||Submit; Submitted for consideration.|
|Feb 18, 2011:||Amateurism Cabinet|
|Apr 12, 2011:||Leg Council Init Review, Adopted; Pending Possible Board of Directors Review|
|Apr 28, 2011:||Adopted; No action taken by the Board of Directors. Amendment adopted. As a result, Proposal No. 2010-26 is amended pursuant to Proposal No. 2010-26-3. Proposal No. 2010-26 (as amended) remains tabled.|
|I||12.02||Definitions and Applications.|
|I||22.214.171.124||Institutional, Charitable, Educational or Nonprofit Promotions.|
|I||126.96.36.199.1||Promotions Involving NCAA Championships, Events, Activities or Programs.|
|I||188.8.131.52.2||Promotions Involving Commercial Locations/Sponsors.|
|I||184.108.40.206||Promotion by Third Party of Highlight Video or Media Guide.|
|I||220.127.116.11||Advertisements and Promotions After Becoming a Student-Athlete.|
|I||18.104.22.168||Use of a Student-Athlete's Name or Picture Without Knowledge or Permission.|
|I||22.214.171.124||Specifically Restricted Activities.|
|I||126.96.36.199.2||Athletics Equipment Advertisement.|