Beginning July 1, 2021, under new NCAA interim policies, student-athletes will be able to capitalize on their personal brands with monetary compensation for the use of their Name, Image, and Likeness. As with all new policies, it is important for student-athletes to understand how these new guidelines can benefit them without compromising their NCAA eligibility.

NCAA NIL Interim Policy and Resources

WHAT IS NAME, IMAGE, AND LIKENESS (NIL)?

Capitalizing on your name, image, and likeness includes your ability to use your profile as a student-athlete for promotional purposes and receiving compensation for doing so.

Opportunities to capitalize on your NIL include but are not limited to:

• Social media endorsements on personal social media channels (i.e. Influencers)
• Content Creation including YouTube channels
• Serving as a camp counselor or providing private lessons/coaching opportunities
• Autograph sales
• Personal brand merchandising
• Special appearances

WHAT POLICIES AND LAWS ARE IN PLACE THAT COULD AFFECT A STUDENT-ATHLETE'S ELIGIBILITY?

Student-athletes may be paid for the use of their name, image, or likeness. However, NCAA extra benefit and preferential treatment rules still apply. Additionally, student-athletes may not participate in NIL activities which are considered "Pay for Play" - payment contingent on achieving a particular athletic result.

Examples of Impermissible Compensation
• $100 payment to a soccer student-athlete for each goal scored;
• $10,000 payment to a basketball student-athlete for Player of the Year award;
• Free use of a car by a car dealer for a student-athlete when the student-athlete does not provide anything to the car dealer in exchange.

Student-athletes must disclose to the Compliance Office any contract prior to signing. Any contracts signed prior to July 19, 2021, must be reported to the Compliance Office immediately. 
 

FREQUENTLY ASKED QUESTIONS ON NAME, IMAGE, AND LIKENESS AT COLORADO STATE

What is a name, image and likeness activity?
It is an activity that involves the use of an individual’s (i.e., a prospective or current student-athlete’s) name, image and likeness for commercial or promotional purposes.
 
What is the impact of the NCAA interim NIL policy on prospective student-athletes?
Prospective student-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim NIL policy without impacting their NCAA eligibility. NIL opportunities may not be used as a recruiting inducement or as a substitute for pay-for-play. Individuals are encouraged to consider state laws, if applicable, and the rules of any relevant amateur governing bodies.
 
How can I benefit from these new policies without jeopardizing my ability to compete?
Simply put, communicate as frequently as necessary with our NCAA Compliance officers to ask any and all questions you may have. We are all navigating this new frontier together, so in the first few months, we expect there will be a lot of questions from student-athletes.

What type of products am I not allowed to promote due to NCAA/AIC?
Some examples of things that would not be allowed are:

• Promoting alcohol
• Promoting drugs/drug use (including marijuana)
• Promoting violence
• Promoting gambling/betting/sportsbooks (including barstool)
• Tobacco or tobacco alternative products and/or delivery systems.
• Promoting an adult industry
• Extra benefit programs (Lululemon's sweat collective program)

Why can't I be a "barstool athlete"?
As an Athletic Department, we have made the decision not to allow AIC student-athletes to promote barstool Sports as a barstool Athlete to prevent any eligibility issues. barstool Sportsbook is a gambling website/app that revolves around betting on sports. Sports betting is illegal in Massachusetts and also not allowed in NCAA Bylaws. By entering into an agreement with this company to receive anything for use of your NIL, you are risking your eligibility.

Which state law is applicable to prospective student-athletes prior to enrollment?
The NCAA cannot provide guidance on issues of state law. The state you live in and the states where a prospective student-athlete may wish to enroll may have NIL laws with which you will want to be familiar. A prospective student-athlete may consult a professional services provider, contact the athletics compliance office of NCAA schools they may choose to attend, or research state law compliance requirements where they may wish to enroll. NCAA schools may also have specific NIL policies that should be considered.
 
Who is a professional service provider?
A professional service provider is an individual who provides third-party services to a prospective or current student-athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney, brand management company, or anyone who is employed or associated with such persons.
  
I received a NIL opportunity from a direct competitor to a sponsor of AIC Athletics. Is this allowed?
Yes. There is no restriction on those opportunities here at AIC. However, you cannot engage in that opportunity or fulfill it while representing AIC Athletics. For example, while you are at practice or a game, you must continue to wear team-issued apparel. You cannot wear apparel that you are promoting or received through a NIL opportunity.
 
I have a large following on my social media channels where I discuss fitness and received a NIL opportunity to promote a fitness product. Is this allowed?
Yes. However, you must ensure that the product you are endorsing or potentially using does not include any ingredients on the NCAA’s list of banned substances. NIL opportunities do not supersede NCAA drug testing policies.
 
Are individuals permitted to enter NIL agreements with boosters/donors?
Yes, provided the activity is in accordance with state laws and school policy, is not an impermissible inducement and does not constitute pay-for-play.
 
Are international student-athletes permitted to benefit from name, image and likeness activities?
NIL doesn’t distinguish US from international students.  However, international student visas restrict the ability to work in the US off-campus so international students should consult with the campus international office regarding visa and tax implications for NIL work off-campus.
 
Does the NIL policy change how AIC may use my name, image and likeness?
No. A school is still permitted to use a student-athlete's name, image and likeness to support its charitable and educational activities, as well as activities related to participation in college sports, subject to applicable state laws.
 
Is AIC Athletics permitted to compensate student-athletes related to NIL activities?
No.  Per NCAA rules, neither an institution nor an athletic association (conference) shall provide compensation to a current or prospective student-athlete. 
 
How do I report NIL compensation for tax purposes?
Individuals should follow all applicable tax laws for reporting NIL compensation. Requirements may vary based on state and/or country.

My friend attends another university in a different state, and what they are being told is different than what I am being told. Why is that?
While the NCAA continues to work on legislation at the federal level through Congress, these interim policies at the NCAA also allow for variances between states and even institutions.AIC student-athletes should rely on the policies and procedures outlined here and communicate any questions to the Compliance office.
 
Does compensation I receive through NIL activities affect my financial aid?
Yes and no. Compensation you receive does not affect your athletic scholarship, but it may affect the amount of need-based aid you receive. These types of federal and state aid include but are not limited to Pell Grants.
 
How involved can AIC Athletics administration, coaches, and staff be in NIL activities?
AIC cannot participate in the procurement, management, or execution of NIL activities alongside or on behalf of their student-athletes. However, AIC Athletics will continue to provide guidance to ensure student-athletes do not jeopardize their eligibility, and forthcoming partnerships will support student-athletes in their NIL activities.

• AIC administrators, coaches, and staff cannot use inducements or make promises of future endorsements to prospective student-athletes.
• AIC administrators, coaches, and staff cannot help secure endorsement or arrange paid income opportunities for current student-athletes.
• NIL legislation does not allow for any compensation based on enrollment or attending AIC, or athletic performance at AIC, including compensation from sponsors.

Am I able to sell my AIC provided apparel/equipment?
AIC athletes are not allowed to donate, sell, or give away any AIC provided apparel/equipment during their time at AIC.

If you still have questions after reading this Q&A, please contact Allison Fleisher by email at Allison.Fleisher@aic.edu.

Policy and Q&A are subject to change. 

Portions of this page have been borrowed from the NCAA, the University of Massachusetts, and Colorado State University.

Updated 8/4/2021