The governing bodies of all three NCAA divisions passed a uniform interim name, image and likeness policy today. This interim policy will govern NIL until there’s either federal legislation or new NCAA rules.
The interim policy provides the following guidance:
- Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities are responsible for determining whether those activities are consistent with state law.
- College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
- Individuals can use a professional services provider for NIL activities.
- Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
A set of frequently asked questions provides further clarity on several issues:
- Prospective student athletes may participate in the same activities available to current student athletes without impacting NCAA eligibility; however, these student athletes should consult their state high school athletics association for any questions regarding high school eligibility
- Student athletes can enter into agreements with boosters, as long as it complies with state laws and school policies and is not an impermissible inducement and does not constitute pay-for-play
- The NCAA’s interim policy specifically does not require student athletes to report their NIL activities to their schools, but state laws and institutional policies may
- International student athletes are covered by the interim NIL policy, but they should consult with government agencies for guidance on visa issues and tax implications
- Reporting of NIL compensation for tax purposes should follow state and country laws
- The interim NIL policy does not impact a student athlete’s financial aid
Schools will also be able to adopt their own rules consistent with these guidelines. We’ve begun tracking institutional policies here.
When do state name, image and likeness laws go into effect?
- Oklahoma (schools can grant rights immediately, but no later than July 1, 2023)
- Nebraska (schools can grant rights immediately, but no later than July 1, 2023)
July 1, 2021
- New Mexico
July 23, 2021
September 1, 2021
January 1, 2022
July 1, 2022
- South Carolina
December 31, 2022
January 1, 2023
- California (there’s currently a proposal to move up the date to no later than 1/1/22)
June 1, 2023
July 1, 2023
- New Jersey (the law goes into effect the 5th academic year after passage)
We are updating our state-by-state NIL law tracker as new states pass laws here.
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