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What is Name, Image, Likeness?

The popular phrasing – name, image, and likeness (NIL) – refers to what are legally defined as “publicity rights.” Publicity rights are the property rights associated with the personality and identity of an individual. These rights enable an individual to control the commercial use of his or her identity. The public image of a famous celebrity or athlete is of immense value and can produce significant amounts of money for the individual celebrity or athlete. The State of California protects publicity rights both through statute and common law. California Civil Code § 3344 protects a person’s name, image, signature, photograph, and likeness.

INTRODUCTION TO NAME, IMAGE, AND LIKENESS IN THE COLLEGE ATHLETICS ENVIRONMENT AND IMPACT OF SB206

On September 30, 2019, California became the first state to introduce and enact legislation to prohibit institutions of higher education (IHEs), amateur athletic associations and athletic conferences, and any other organization with authority over intercollegiate athletics from preventing student athletes from earning compensation in connection with the use of the athlete’s name, image, and likeness. California began what has become a nationwide conversation and initiative to address primarily National Collegiate Athletic Association (NCAA) bylaws that have historically prohibited student athletes from using or permitting others to use their name, image, or likeness to earn compensation or to promote the athlete’s athletic skills and abilities.

NIL FRAMEWORK

AU is not permitted to be involved in the development, operation, or promotion of NIL activities; this includes, but is not limited to, coaches, staff, and independent contractors of AU.

AU Sponsors and boosters may only be involved in legitimate NIL business activities with current and prospective student-athletes when services and compensation are consistent with the services and compensation provided to other clients. Compensation may not be conditioned on athletic performance or attendance at AU.

AU, the athletics department, staff members or coaches may not compensate or arrange compensation to a current or prospective athlete for their NIL.

Existing CALPAC Bylaws and legislation related to Employment, Offers of Inducements, and Extra Benefits still apply.

All agreements for NIL activities must be disclosed to AU.

Student-athletes are required to submit all NIL activities to the Dean/ Athletic Director.

All NIL activities should be submitted to AU prior to entering into an agreement for or participating in NIL activities.

Disclosure is NOT an approval process. AU will provide an acknowledgment of receipt upon receiving a disclosure.

While AU requires disclosure, no AU employee or independent contractor may provide student-athletes legal, financial, or business advice regarding NIL activities.

KEY POINTS TO NIL

YOU CAN

YOU CANNOT

Be compensated and/ or paid with food, travel, gifts, checks, cash, gift cards and more

Receive compensation for signing your autograph

Use your Name, Image and Likeness to receive compensation from companies (i.e. clothing, restaurants)

Use your Name, Image and Likeness to receive compensation from companies (i.e. clothing, restaurants)

Sell merchandise that you have created that represents your Name, Image or Likeness.

Rest assured you can always ask your Dean/ AD for more information

 You cannot be paid for doing nothing. Any payment you receive must be for actual work done.

Wear anything with the Asher university  or AU Logo while performing NIL activities. The AU logos are both trademarked and copyrighted.

Endorse any alcohol, tobacco, vape, guns, adult entertainment, gambling or casino products or companies.

Be paid to play.

Sell any athletic department/team/school issued gear (jerseys, shoes, bags, equipment)

Engage in NIL activities during the time you are participating in your sport. No “going live” for NIL at events related to AU and Athletics. (for instance, you cannot wear a logo on your uniform)

You must notify campus and athletics program who is compensating you, what NIL activities you are providing and how much compensation you are receiving.

NIL FAQ

NIL…DEFINITION & IMPORTANCE?

NIL IS Name, Image and Likeness and refers to an individual’s right of publicity and compensation.

Student athletes can use their name, image and likeness to be compensated. Compensation can be for multiple activities, including endorsements through in person modalities and social media, cameos, business creation activities, in-kind deals, and more. Those are rights that other students, including those at Asher University, have benefited from.

Previously, intercollegiate student-athletes were not allowed specific opportunities as a part of amateur eligibility to compete in intercollegiate sports/ athletics. The new guidance from the State of California, CALPAC & NCAA removes those restrictions to treat student-athletes similar to the general student body.

AU & CALPAC NIL POLICY

Current and/or prospective student-athletes cannot receive compensation to commit as a recruit or to play at a school.

Asher Universty 

AU Athletics has collaborated with multiple campuses and experts in alignment with the governing bodies of intercollegiate athletics to create explanation and guidance in the matters of NIL. You cannot use NIL for a tax deduction.

ARE THERE COMPENSATION LIMITS?

No, but please follow guidance on permissible activities.

ANY PROHIBITED COMPENSATION ACTIVITIES?

Student athletes cannot promote alcohol, tobacco, vape, guns, adult entertainment, substances banned by CALPAC or illegal, gambling or casino products or companies.

AM I REQUIRED TO REPORT MY NIL TO Asher University?

Yes. You must disclose all NIL activities, agreements, and contracts to the AU athletic department.

NIL and me

The “right of publicity” using your name, image, and/or likeness. Right of publicity involves those situations where permission is required of a person to use their name, image or likeness. For example, no permission is required for a newspaper to publish a photo of an athlete playing in a game. The legal copyright would belong to the photographer, not the person pictured.

What is not part of NIL?

No pay-for-play. An individual being paid to play or rewarded for achievements. And you cannot be paid to do nothing. • Example: A baseball player is paid $10 a strikeout. This is not allowed.

May a prospective student-athlete be paid to visit or attend Asher University?

No, this is an inducement and is illegal.

May a prospective student-athlete make money off their name, image, and likeness?

Maybe. Prospective student-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim NIL policy without impacting their CALPAC & NCAA eligibility. • However, this may not be used as a recruiting inducement or a substitute for pay-for-play. • In regard to high school eligibility, please consult the prospective student-athlete’s high school athletics association regarding questions pertaining to high school eligibility.

May I use AU logo and/or name in promoting my name, image, and likeness?

No. Using AU logo would constitute a misuse of Asher University  name, image, and likeness.

May I use AU facilities to make money off of my name, image, and likeness?

No. All opportunities must be off AU campus.

May I miss class and/or a required athletically related activity for a promotional activity?

No. Bylaws still prohibit this action.

May I monetize my social media platforms?

Yes. However, an individual may not use AU name, image and/or likeness.

May I be paid to be in an advertisement?

Yes. However, an individual may not use AU name, image and/or likeness.

If I am a Booster, can I enter into an agreement with a student-athlete?

Yes, provided the activity is in accordance with state laws and school policy. And cannot be pay-for-play.

Does the CALPAC & NCAA provide any resources about NIL?

Yes. CALPAC is developing their process, but please visit https://www.ncaa.org/about/

Must I inform Athletics Compliance about any potential name, image, and likeness contracts?

Yes. To ensure athletics eligibility, the student-athlete must inform the Dean/ Athletic Director complete the “NIL Disclosure Form”.

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Asher University

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Moreno Valley, CA. 92555

1 (888) 812-7437

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