On November 14, 2020, the NCAA Division I Council-Governance Publication of Proposed Legislation proposed rule changes allowing college athletes to profit from the use of their name, image, and likeness as soon as August 1, 2021. Proposed changes to the NCAA Division I amateurism rules would allow student-athletes to:
· Have representation (in the past and future) so long as said representation is not for financial gain (1) as a professional athlete, (b) to secure the athlete's enrollment at an educational institution, or (3) for the athlete's potential earnings as a professional athlete.
· Capitalize on their athletic skill for pay so long as they are not paid, or promised pay, to participate in their respective sport.
· Use their name, likeness, and image to promote and receive compensation for their athletic and nonathletic business related activities, including reference to their sport and institution so long as the athlete does not institutional marks or branding.
· Receive compensation for autographs so long as they are not participating in an athletic-related activity or representing the institution.
· Sell items they purchased, but not items provided by the institution (apparel, equipment, awards, etc.).
· Receive compensation for teaching/coaching sport skills or techniques in their sport for a fee-for-lesson basis and use their name, picture, or appearance to promote or advertise the lessons provided:
o The student-athlete follows the same process the general public follows for renting institutional facilities;
o The lesson recipient (or family) pays for the lesson;
o If the lesson involves more than one recipient, the instruction is comparable to private lesson instructions; and
o Playing lessons are prohibited.
· Use their name, image, or likeness through crowdfunding to raise funds for educational expenses not covered by their cost of attendance (e.g., mission trips, internships) provided there is no institutional involvement.
There are also new disclosure requirements. For example, a student-athlete must disclose information to their business activities involving their name, image, or likeness and provide updated information if business relationships change. Student-athletes who receive an offer of athletically related financial aid must report their name, image, and likeness activities to an independent third-party administrator.
The NCAA or Division I conference can use the name, image or likeness of a student-athlete to generally promote NCAA championships or other NCAA events, activities or programs. However, for non-institutional promotions, a student-athlete may permit the use of his or her name, image, or likeness and receive compensation for such activities, and to advertise or promote the sale or use of a commercial product or service, provided there is no institutional involvement and no institutional marks are used.
Institutions cannot be involved in a student-athletes business dealing, including purchasing a student-athlete’s product or services. Student-athletes are also prohibited from associating their name, image, and likeness with product or service that conflict with NCAA legislation (e.g., sports wagering, banned substances). Nor can a student-athlete’s name, image, and likeness activities conflict with existing institutional agreements/sponsorships.
Conferences can submit amendments to the proposed rules up to December 15, 2021. The Council will vote on the proposals at the January 2021 council meeting. The final vote will occur in April 2021.
Meanwhile, proposed state and federal legislation continues to move forward.
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