UMass Boston Name, Image and Likeness (NIL) Policy
Effective July 1, 2021
UMass Boston along with other UMass institutions are working with the NCAA Interim Name Image and Likeness legislation and state guidelines to allow our athlete here at UMass Boston to profit off their NIL.
“The NCAA is committed to allow name, image and likeness opportunities for student-athletes consistent with the college athlete model. The college athlete model is not the professional model, meaning students will compete against other students, not professionals or employees.
The NCAA is best positioned to provide a uniform and fair name, image and likeness approach for all student-athletes on a national scale.”
More information on the interim policy and resources can be found at
https://www.ncaa.org/about/taking-action.
HELPFUL DEFINITIONS AROUND NIL:
- Name, Image and Likeness (NIL): A personal right of publicity involving situations where permission is required of a person to use their name, image, or likeness; the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.
- NIL Activity: An NIL Activity is any activity in which a prospective student-athlete or student-athletes NIL or personal appearance is used for promotional purposes by a noninstitutional entity, including for use by the individual prospective student-athlete or student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity, regardless of whether such use is compensated or uncompensated.
- Endorsement: An act, either expressed or implied, that indicates one's public approval or support of a product or service.
- Compensation: Receipt, whether directly or indirectly, of remuneration or payment in any form of any cryptocurrency, cash, credit, product, goods, services, in kind contributions, or other items of value or benefit, for work or services performed.
- Pay for Play: Compensation provided to a student-athlete in any form for performance in a sport in which the student-athlete participates at an NCAA Division I institution.
- Professional Service Provider: Individuals who provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athletes NIL.
- Agent: Any individual who, directly or indirectly: (a) represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or (b) seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.
- Athletics Booster: a person who directly contributes to a university athletic programs
CHANGES TO NAME, IMAGE AND LIKENESS RULES:
NCAA college athletes now have the opportunity to benefit from their name, image and likeness. All three divisions have adopted a uniform, interim policy suspending NCAA name, image and likeness rules for all incoming and current student-athletes in all sports.
The policy provides the following guidance to member schools, college athletes and their families:
- Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
- Individuals can use a professional services provider for NIL activities.
- College athletes who attend a school in a state without an NIL law can engage in NIL activity without violating NCAA rules related to name, image, and likeness.
- State law and schools/conferences may impose reporting requirements.
(Taken from the NCAA.org Taking Action Website)
POLICY: (subject to change, please check back as needed)
- Student-athletes shall disclose to the University any NIL activities that results in compensation within seven days of receipt of the compensation. Student-athletes shall provide the compliance office (Matthew Taiman: Matthew.Taiman@umb.edu) and his/her Head Coach with a copy of any agreement for compensation for NIL activities within 7 days of execution of such agreement. Such disclosure shall be provided to aid the University in NCAA compliance and will reviewed by the University only for that purpose.
- A student-athlete may receive compensation from a third party (but not from the University) for NIL Activity if such compensation is provided in exchange for services, activities, intellectual property, appearances, or other value provided by the student-athlete and is NOT being provided in exchange for athletic performance. Compensation that does not meet this requirement is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics. Pay for play compensation is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics.
- Student-athletes at the University may state that they play “[insert name of sport] at (University)” or that they are “a member of the [insert name of sport] at (University)” to identify themselves in connection with NIL Activity. Student-athletes may not use the University’s name or any other logo, marks, trademarks, mascot, unique colors, copyrights and other defining insignia or intellectual property owned by the University in connection with noninstitutional NIL Activity without the express written consent of the University.
- Student-athletes at the University may enter endorsements or NIL activities with sponsors of the University or entities that compete with sponsors of the University. However, such agreement, or any portion thereof, may not conflict with the provisions of any agreement to which the University is a party. In the event that a potential conflict is identified, the University shall disclose to the student-athlete or the student-athlete's attorney or sports agent the provisions of the University agreement that are in conflict.
- Student-athletes may not endorse or enter into NIL activities in categories that conflict with NCAA policy or institutional values including, but not limited, to any marijuana company, product, or brand; any seller or dispensary of a controlled substance, as defined by federal law; or any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing intercollegiate athletic program competition
- Student-athletes may not miss class or other mandatory academic requirements or official team activities to engage in NIL activities.
- University athletic boosters are prohibited from creating or facilitating NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at the University.
RESOURCES:
If you have any questions about NIL agreements, please reach out to Matthew Taiman (
Matthew.Taiman@umb.edu)
