New Legislation: Name, Image, and Likeness
Legislative Services is going to spend the next few months writing briefs on the new legislation that was passed at the annual business meeting held at the 2020 Fall Meetings due to the COVID Virus. You can find all of the changes in one spot here.
This week we are going to address the changes to Article VII, Section B, Item 6 and 8, primarily and will also address some additional changes. This change has gone into immediate effect!
SUBJECT: AMATEUR CODE – NAME, IMAGE, AND LIKENESS COMPENSATION
VII SECTION B ACTS PERMITTED BY NAIA AMATEUR CODE
The following acts will NOT cause an athlete to lose amateur standing.
. . .
6. Participating in radio or television programs for the purpose of promoting an amateur athletic event. where no remuneration is provided.
7. Receiving reasonable compensation for supervision of physical education, playground or recreational activities.
8. Receiving reasonable compensation for use of name, image or likeness or picture to promote any commercial product or enterprise, or public or media appearance. It is the responsibility of the student-athlete to notify their institution’s athletics director in writing of any compensation the student receives from the use of their name, image or likeness in relation to their school or status as a student-athlete.if:
a. There is no reference to the student’s intercollegiate athletic participation in any promotion of the product or enterprise;
b. The use of the student’s name or picture in no way references any institution with which the student has established identification, including but not limited to the use of logos, marks or names; and
c. Remuneration is consistent with standard rates for any individual participating in comparable promotional activities.
Article V, Section C, Item 2c
This bylaw amendment was submitted by the Association of Student Athletes and co-sponsored by the National Coordinating Committee and the Council of Presidents. This amendment contains a lot of changes but for the purposes of this brief we will be focused on Article VII, Section B, Item 6 and Item 8. For additional information on the entire proposal we would encourage you to peruse our Name, Image, and Likeness (NIL) page that can be found here.
This amendment allows NAIA athletes to profit off their NIL and to be paid for participating in radio or television programs for the purpose of promoting an amateur athletic event. Before this change was approved by the membership our athletes were limited to only receiving compensation when the promotion did not mention their school or the fact they were a collegiate athlete. Now our athletes can reference their athletic status and even wear or represent their NAIA school in these promotions while getting paid for doing so. When an athlete does receive compensation in relation to their status as a collegiate athlete or school they are required to notify their athletic director in writing. Failure to do so can result in penalties for the student but the school will most likely not face punishment for the student’s failure to report.
Schools and conferences are allowed to create stricter restrictions for their specific athletes, for example prohibiting their student athletes from promoting alcohol or tobacco products. However, if a student were to promote a restricted product it would be the school’s responsibility to provide any punishment they see fit. Also a student receiving compensation for something the school prohibits would not violate their amateurism in the eyes of the NAIA.
Case Studies
*Assume all schools are NAIA institutions unless otherwise noted.
Scenario 1:
Kyrie plays basketball at Plains College and has been approached by a local business to participate in their grand opening ceremonies. The business sells cars and wants Kyrie to wear his Plains basketball jersey and sign autographs at the ceremony. The business is going to pay Kyrie $1,500.00 for this appearance. Is this allowed under the amended bylaw or would Kyrie violate his amateurism?
Answer 1:
This is now allowed! Kyrie has the ability to profit off his NIL and can wear his school jersey during the ceremony. Kyrie would need to report the compensation that he earned to his athletic director, but this would not violate his amateurism.
Scenario 2:
Katie plays soccer at Big City College and has become the all-time leading scorer in school history. Big City College wants to sell soccer jerseys with Katie’s name and number on the back in their school store. Can Big City College sell these jerseys and give Katie a cut of the proceeds?
Answer 2:
Yes! Katie is profiting off her NIL and can receive compensation from her institution. There is nothing in the bylaw that would prohibit her school from being the source of the compensation.
Scenario 3:
Fitz has a massive social media following on TikTok and has been approached by Nike for a possible sponsorship. Nike would like Fitz to wear Nike gear in his videos and promote new products on his page. Fitz attends Lake College and plays baseball. Lake College is sponsored by Adidas and has a rule that their students cannot promote athletic brands other than Adidas. Would Fitz violate his amateurism if he went into business with Nike and received compensation for the promotion?
Answer 3:
No, he would not violate his amateurism. However, he might face retribution from his institution but that would be between him and Lake College.
Scenario 4:
Romeo is the all-American goalie for the West Coast College (WCC) lacrosse team. WCC is in a large metropolitan area with multiple professional sports teams. The local professional basketball team has reached out to Romeo and wants him come to their game in full gear and participate in a half time competition. Random fans will get to come down on the court and try to score on Romeo. The professional team will also promote the upcoming WCC lacrosse game and will pay Romeo $500.00 for his participation. Is this allowed under Article VII, Section B?
Answer 4:
Yes! It might seem weird that Romeo can be paid by a professional sports team, but this is perfectly allowed. Again, since he will be representing WCC he will need to report this compensation to his athletic director in writing.
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