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Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.

Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.

Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.

Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.

Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.

Questions and Answers on NCAA Name, Image, and Likeness ("NIL")

What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness is also referred to as the right of publicity. The right of publicity is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

What are the current NCAA rules?

The current NCAA NIL regulations vary by division. A NCAA Division I student-athlete cannot use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What changes are happening?

In October 2019, the NCAA’s top governing body directed the NCAA’s three divisions to pursue rules changes that will permit student-athletes to benefit from the use of their name, image or likeness. By January 2021, each of the three NCAA divisions shall have final legislation to allow NIL activities.

When will the changes take effect?

The new legislation should be approved and effective for all three NCAA divisions no later than the 2021–2022 academic school year.

How will the changes affect student-athletes?

NCAA Student-athletes will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as social media, new businesses, and personal appearances.

How will the changes affect others?

A business will be able to enter into arrangements with student-athletes and use their NIL to promote products and services. This is something that has been prohibited for years and is something vastly different than what is currently allowed by the NCAA.

What should I be aware of?

While the final rule is yet to be published, it is important if you are either a student-athlete entering into a NIL arrangement/contract or a businessman entering into an agreement with a student-athlete, that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Breazeale, Sachse, and Wilson is there to help you navigate all your NIL questions and will be there to analyze the final rule once published.