FAQ
What is Name, Image, Likeness (NIL) legislation?
NIL legislation will allow a student-athlete to make money from using their name, image, or likeness. This may come in the form of partnerships with businesses (promotions on TikTok or tv commercials), running your own sports camp, or creating your own music business. Previously, NCAA rules limited what activities and how student-athletes could monetize their NIL. This deregulation opens up many possibilities, and allows student-athletes to be treated like “regular” students.
Different laws/bills/proposals to consider
While the NCAA hasn’t officially adopted new rules, President Mark Emmert has publicly stated that student-athletes will not be punished for using their NIL to make money. This effectively wipes out most of NCAA Bylaw 12, which prohibited NIL activities. President Emmert did stress the importance of student-athletes following their respective state laws and institutional rules.
NCAA Proposals:
The NCAA proposals would allow student-athletes to monetize their NIL with few restrictions, including how intellectual property of the institution can be used and what can be done during the time a student-athlete is representing the institution and/or participating in practice activities. The NCAA proposal would also allow prospective student-athletes (PSA) to participate in NIL activities and would allow both student-athletes and prospective student-athletes (PSAs) to hire agents to represent them for NIL activities.
Arkansas Bill:
The State of Arkansas passed a bill that goes into effect on January 1, 2022. The Arkansas law has some restrictions on the types of businesses that student-athletes can collaborate with, and includes restrictions on institutional intellectual and physical property. Student-athletes would be allowed to hire agents to represent them for NIL activities. PSAs would not be allowed to participate in NIL activities under the Arkansas law.
Federal Proposals
There are at least eight federal bills that have been proposed on a national level that vary in content from NIL activities to revenue-sharing. We are not sure of the timeline on these proposals but the NCAA legislation really needs federal legislative support in order to make one rule for all schools, since so many states are enacting their own legislation.
What is the most important thing about NIL?
Effective immediately, student-athletes MUST disclose their NIL activities to the compliance office. This is considered “work” or “employment” and must be monitored like everything else. Arkansas State Athletics wants to assist all student-athletes in their NIL activities. This will protect not only you, but the institution as well. All NIL activities must be disclosed.
Q&A
Q1. What types of NIL activities will be most common for student-athletes?
A1. Camps/clinics, personal appearances, selling autographs, sponsored social media posts
Q2. What types of businesses can student-athletes NOT partner with?
A2. Sexual/adult-oriented businesses, alcohol products, casino/gambling businesses, tobacco/marijuana/e-cigarette products, pharmaceuticals, drug paraphernalia, weapons/ammunition, any other product or services prohibited in competition
Q3. Can student-athletes hire an agent?
A3. Yes, student-athletes can hire an agent for the purposes of marketing his/her NIL activities, but not a sports agent to market his/her athletics ability for professional sports. Any agent/adviser must be registered to conduct business in the state of Arkansas. All agreements must be disclosed to Compliance!
Q4. Can student-athletes wear their uniforms or use institutional logos when using their NIL?
A4. No - student-athletes will not be able to wear/use Arkansas State logos or other intellectual property when profiting off their NIL.
Q5. Can student-athletes be paid based on their performance or lack thereof (i.e. pay for play)?
A5. No - the NIL legislation prohibits student-athletes from being paid based on their performance. For example, a business would not be able to pay a student-athlete more or provide performance bonuses based on his/her performance in athletics competition.
Q6. Can student-athletes accept money from boosters?
A6. The NIL does NOT allow student-athletes to accept money from boosters unless the student-athlete is being paid for the use of his/her NIL. NIL agreements with Arkansas State boosters will be closely monitored to ensure student-athletes are not jeopardizing their eligibility.
Q7. Can student-athletes sell their uniforms or other team-issued gear?
A7. This is not permissible since team-issued gear and uniforms have official A-State logos and trademarks on them.
Q8. What do I do when I make an agreement with a company/business to use my NIL?
A8: Forward all agreements to Josh Daume in the Compliance Office. These agreements will be reviewed to protect you and your team!
