From the Student-Athletes

FAQs

• What is name, image, and likeness (NIL)?

  NIL comes from the right of publicity, which is an intellectual property right that protects a person’s right to use their name, image, likeness, or other components of their identity (e.g., nickname, pseudonym, voice, signature, likeness, jersey number, or photograph) for commercial benefits or promotional purposes.

• When was compensation for name, image, and likeness (NIL) activities approved by the NCAA?

  On July 1, 2021, the NCAA enacted the Name, Image, and Likeness (NIL) policy. This was a direct result of O’Bannon and Alston’s legal cases.

• What is the NCAA’s policy on compensation for name, image, and likeness (NIL)?

  • Student-athletes (including recruits) CAN engage in NIL Activities that are consistent with the laws of the state where the school is located;
  • Student-athletes CAN use a professional services provider for NIL Activities;
  • NIL CAN NOT be used as a recruiting inducement (i.e., compensation for NIL Activities cannot be contingent on enrollment at a particular institution);
  • NIL CAN NOT be paid on a performance-related basis (i.e., pay-for-play); and
  • All NIL activities MUST be quid pro quo: there must be an exchange of goods or services for compensation related to one’s NIL.

• What is an approved NIL-related activity?

  An approved NIL activity occurs when a student-athlete provides a service using their NIL in exchange for some form of compensation at market value. The most important concept associated with an approved NIL-related activity is “an exchange of services.” The student-athlete provides a service using their NIL, and the recipient of that service compensates the student-athlete in return. NIL activities include, but are not limited to, the following:

  • Social media influencing and other promotions
  • Personal appearances at businesses, conferences, camps, parties, TV ads, radio ads, print ads
  • Endorsements of a third-party
  • Student-athlete-run camps and private lessons
  • Autographs
  • Sale of student-athlete-owned apparel and personal items
  • Student-athlete-run businesses

• Are there any limitations on NIL deals?

  Yes. Student-athletes cannot enter into deals that promote any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine products, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition), political advertising, or other opportunities that go against Georgia Southern University values.

• May a student-athlete receive money/goods without providing a service?

  No, if a student-athlete receives money or goods without providing a service, it would be considered an extra benefit under existing NCAA rules. The student-athlete would be deemed immediately ineligible and must go through the NCAA’s reinstatement process before returning to competition. All NIL activities MUST be quid pro quo: there must be an exchange of goods or services for compensation related to one’s NIL. However, there can be no compensation tied to athletic performance such as statistical achievements, wins, or awards.