Navigating NCAA Name, Image and Likeness (NIL) Policy
A seismic change in how college athletes can use their likeness for monetary purposes took place over the summer, as the Division 1 Board of Directors approved an interim name, image and likeness (NIL) policy. This allows athletes to profit off of their NIL—as long as the money doesn't involve their performance on the field or incentives to sign or remain with a specific program.
There are also rules that prohibit NIL in some states, colleges/universities, and conferences, so those also must be abided by—the NCAA's ruling does not supersede these regulations. The NCAA says it hopes to work with Congress to develop a national law.
Does This Translate to Recruits?
The NCAA's interim policy states that high school athletes would not be punished by the NCAA for monetizing their NIL. The big asterisk in this statement, however, is that most high schools and state sports associations still prohibit NIL, which could affect their eligibility to play high school athletics. According to a recent study, a law firm found that the state of California expressly allows athletes to profit from their NIL, as long as they don't use their high school's name or logo as part of their self-promotion.
NIL and the NCAA
It's also becoming a big part of the recruiting process, as athletes are asking coaches and scouts how the NIL rules would affect them at their particular institution.
Among the questions you should ask to a representative of the university are:
NIL and Social Media
Regardless of whether you can use your NIL for profit, leveraging your social media presence to increase NIL exposure can set you up for financial gain. NIL benefits rely heavily on your personal brand that you present to the world. Your social media presence travels, so maximizing your NIL and personal brand is beneficial to student-athletes who are savvy about their intellectual property.
There are also rules that prohibit NIL in some states, colleges/universities, and conferences, so those also must be abided by—the NCAA's ruling does not supersede these regulations. The NCAA says it hopes to work with Congress to develop a national law.
Does This Translate to Recruits?
The NCAA's interim policy states that high school athletes would not be punished by the NCAA for monetizing their NIL. The big asterisk in this statement, however, is that most high schools and state sports associations still prohibit NIL, which could affect their eligibility to play high school athletics. According to a recent study, a law firm found that the state of California expressly allows athletes to profit from their NIL, as long as they don't use their high school's name or logo as part of their self-promotion.
NIL and the NCAA
It's also becoming a big part of the recruiting process, as athletes are asking coaches and scouts how the NIL rules would affect them at their particular institution.
Among the questions you should ask to a representative of the university are:
- Does the school (or conference) enforce any specific NIL rules that are against the NCAA's policy?
- How are student-athletes in their program using NIL to their advantage?
- How is the school managing and approving NIL contracts?
- What are the coach's thoughts on NIL?
NIL and Social Media
Regardless of whether you can use your NIL for profit, leveraging your social media presence to increase NIL exposure can set you up for financial gain. NIL benefits rely heavily on your personal brand that you present to the world. Your social media presence travels, so maximizing your NIL and personal brand is beneficial to student-athletes who are savvy about their intellectual property.
