Student-Athlete Name, Image And Likeness (NIL)

Student-Athlete Name, Image and Likeness (NIL)
Introduction
The NCAA’s interim name, image and likeness policy allows student-athletes and prospective student-athletes across all three divisions to engage in activities that involve the use of their NIL for commercial or promotional purposes. The interim policy will remain in effect until either federal legislation or new NCAA rules are adopted.

The national office is providing opportunities for ongoing collaboration between student-athletes, school and conference leaders, athletics administrators, coaches and other key stakeholders on issues related to NIL. Additional educational materials, including written and visual guides and an optional reporting form, can be found on ncaa.org/nil.

Definitions
NCAA: the National Collegiate Athletic Association or its successor.

Name, Image and Likeness (NIL): A personal right of publicity involving situations where permission is required of a person to use their name, image or likeness; the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.

NIL Activity: An NIL Activity is any activity in which a prospective student-athlete or student-athlete’s NIL or personal appearance is used for promotional purposes by a noninstitutional entity, including for use by the individual prospective student-athlete or student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity, regardless of whether such use is compensated or uncompensated.

Endorsement: An act, either expressed or implied, that indicates one's public approval or
support of a product or service.

Compensation: Receipt, whether directly or indirectly, of remuneration or payment in any form of any cryptocurrency, cash, credit, product, goods, services, in kind contributions, or other items of value or benefit, for work or services performed.

Pay for Play: Compensation provided to a student-athlete in any form for performance in a sport in which the student-athlete participates at an NCAA institution.

Professional Service Provider: Individuals who provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athlete’s NIL.

Agent: 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 (b) seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.

Athletics Booster: a person who directly contributes to a University of South Carolina Aiken athletic program.

Official team activities: All games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the University of South Carolina Aiken and other team-organized activities, including, but not limited to, photograph sessions, news media interviews, and other related activities as specified by the University of South Carolina Aiken.

Policy Statement

Below are University of South Carolina Aiken policies related to Name, Image and Likeness (“NIL”) activities. The University of South Carolina Aiken fully supports the law changes recommended in South Carolina State Law S. 685 as participation in intercollegiate athletics should not infringe upon the intercollegiate athlete’s rights to earn compensation for their NIL.

Academically eligible student-athletes at the University of South Carolina Aiken may earn compensation for their name, image, or likeness.
University of South Carolina Aiken institutional staff members shall not be involved in arranging NIL agreements, contracts, appearances, gift-in-kinds and/or compensation for an intercollegiate athlete or providing compensation themselves.
Athletic boosters may create or facilitate NIL compensation opportunities to current and prospective student-athletes provided those deals are not used as a recruiting inducement or inducement to remain enrolled for current student-athletes at University of South Carolina Aiken.
NIL activities must occur outside of participation in academic, athletic, or University of South Carolina Aiken sponsored activities.
A student-athlete’s scholarship awarded by the University of South Carolina Aiken is not considered compensation and may not be revoked or reduced because of a permissible NIL agreement.
A student-athlete’s compensation earned may be used in the calculation for need-based financial aid available to the general student population based on federal guidelines, and therefore, could impact the amount of need-based aid a student-athletes is awarded.
Student-athletes may not use University of South Carolina Aiken intellectual property (logos, designs, photos, etc.) without the prior written approval of the University of South Carolina Aiken Athletics Department. Student-athletes may autograph and sell officially licensed memorabilia that includes University marks that is purchased by the student-athletes.
South Carolina State Law prohibits the use of University of South Carolina Aiken facilities and uniforms for NIL activities.
All NIL activities must be disclosed through the NIL Disclosure Form 48 hours prior to the activity. All in-kind deals should be submitted as soon as the deal is agreed upon.
The University of South Carolina Aiken retains all rights to content produced or published by the University or associated entities.
The University of South Carolina Aiken will provide student-athletes with both required and optional education opportunities regarding NIL including, life skills, career development, and financial literacy to best prepare student-athletes for the new landscape.
Due to federal guidelines, student-athletes attending the University of South Carolina Aiken on an F-1 visa are encouraged to contact International Student Services prior to participating in any name, image, likeness activities.
Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior guidelines on professional representation stay in place and student-athletes may not secure representation for future professional athletic contract negotiations.
All athlete agents representing student-athletes from the University of South Carolina Aiken must comply with federal and state regulations surrounding athlete agents and their activities.
If an athlete agent is an attorney, then he or she must also be a member in good standing of in all state bar associations the athlete agent is a member of.
An intercollegiate athlete may not earn compensation for the use of his name, image, or likeness for the endorsement of:

Tobacco
Alcohol
illegal substances or activities
banned athletic substances
gambling, including, but not limited to, sports betting.

Enforcement
Violations of this policy may result in appropriate disciplinary measures in accordance with state law, federal law, University of South Carolina Aiken policies, procedures and/or codes of conduct and may result in NCAA sanctions up to and including permanent ineligibility to participate in college athletics. In addition, violations of this policy may result in cancellation of athletics financial aid if a student athlete is deemed ineligible to participate in competition.

Frequently Asked Questions

Boosters

Q: Can boosters provide student-athletes with compensation for name, image, likeness activities?
A: Yes, businesses associated with or owned by boosters of the University of South Carolina Aiken may compensate student-athletes for use of their NIL provided the booster(s) was not directed to do so by the institution and the payment is not a recruiting inducement or inducement to remain enrolled at the University of South Carolina Aiken.

Disclosure

Q: When do student-athletes need to tell the institution about my NIL activity?
A: Student-athletes are required to disclose all NIL activities to the University of South Carolina Aiken 48 hours prior to the event occurring.
Q: How do student-athletes disclose NIL deals?
A: All NIL deals should be reported on the NIL Disclosure form found on pacersports.com

Agents

Q: Can student-athletes hire a marketing agent to represent them in NIL deals?
A: Yes. However, the rules remain in place that prevents student-athletes from hiring an athlete agent for professional representation.

Deals

Q: Will the University of South Carolina Aiken help student-athletes secure a NIL deal?
A: No, in order to create an environment free of conflict of interest, the University and its staff members or representatives are prohibited from assisting a student-athlete in securing a NIL deal.

Scholarship/Pell Grant

Q: Will a student-athlete’s scholarship be affected if the student-athlete signs a NIL deal?
A: No, scholarships cannot be canceled or nonrenewed if a student-athlete participates in NIL activities.
Q: Will any compensation I earn from NIL activities be used to calculate my pell grant?
A: Yes, your compensation earned may impact your eligibility to receive the pell grant.

Helpful Resources/Links

· South Carolina S.685
· South Carolina Department of Consumer Affairs

NCAA NIL Central

·       Name, Image and Likeness: NCAA Overview.
·       Name, Image and Likeness: State and Federal Landscape.
·       Name, Image and Likeness: NCAA Office of Legal Affairs.
·       Name, Image and Likeness: Resources Overview.