We’ve recently written to inform you about the new Transfer Rule being proposed by NCAA Division I, as well as the Name, Image, and Likeness proposals in all three NCAA divisions.
https://informedathlete.com/proposed-new-ncaa-di-transfer-rule/
https://informedathlete.com/ncaa-name-image-and-likeness-legislation-update-overview/
These proposals were originally going to be voted on at the annual NCAA Convention.
However, NCAA President Mark Emmert urged the governing bodies of Division I, II, and III to postpone the votes on these proposals.
There are various factors that have contributed to this delay including:
If your athlete is considering a transfer and you would like to review and discuss the Transfer rules, you can schedule a confidential Transfer Consult online. You can also send an email to rick@informedathlete.com or call us at 913-766-1235.
Most of you are probably aware that in response to legislation being proposed in many states across the country, the NCAA has proposed their own set of rules regarding opportunities for athletes to be compensated for the use of their name, image, or likeness.
These proposals will be voted on at the upcoming NCAA Convention in January, and if approved, will take effect August 1, 2021.
The proposals differ between Division I, Division II and Division III, so we won’t describe the various proposals in great detail. However here is an overview of the proposed legislation for Division I student-athletes since those athletes receive the most media exposure and will be more likely to benefit from such opportunities.
Current or prospective student-athletes will be able to establish their own business and will be able to actively promote their own business.
Current student-athletes will be able to promote and offer fee-for-lesson instruction, or conduct their own camp or clinic. If they use their university facilities to provide instruction, they will need to rent the facilities in the same manner as the general public.
Current or prospective student-athletes will be able to receive compensation for their autograph.
Current student-athletes will not be able to sell items provided by their university until they are no longer eligible for collegiate competition.
Current and prospective student-athletes will be allowed to crowdfund for limited educational expenses or for charity.
Current or prospective student-athletes will be able to receive compensation for promoting a commercial product or service. Universities will not be allowed to assist in arranging such opportunities.
Certain categories of products and services will be prohibited (such as promoting tobacco products or gambling).
A university will be allowed to prohibit current student-athletes from promoting certain products or services that conflict with university sponsorship arrangements. For example, a university that has a shoe contract with Nike will be allowed to prohibit their student-athletes from promoting Adidas or Under Armour.
The term “agent” will be defined as an individual who is marketing an athlete to be drafted by a professional team or signed to a professional athlete contract.
Individuals or services who market athletes for their name, image, or likeness opportunities (separate from being a professional athlete) will be referred to as “Professional Service Providers” (PSP).
A PSP may not also act as an “Agent” for professional athletic participation.
A student-athlete using a PSP must pay the same fees as the industry standard and can’t receive a discount because of their athletic ability. A university employee or an independent contractor aligned with a university can’t act as a PSP.
A university can’t choose or recommend PSP’s for their student-athletes.
The NCAA will establish an independent third-party administrator to manage name, image, and likeness information.
Current and prospective student-athletes will be required to disclose to the NCAA’s third-party administrator any types of promotional activities they are part of. This will include providing contact information and compensation arrangements for such activities.
Remember that these new rules won’t take effect until August, 2021. Contact us at 913-766-1235 or send an email to rick@informedathlete.com if you have any questions.
The NCAA Board of Governors recently received a lengthy 31-page report from the “Federal and State Legislation Working Group” suggesting broad recommendations for new rules that will permit student-athletes to receive compensation for the use of their name, image or likeness.
When approved, student-athletes will be able to accept payment within the NCAA rules for a wide range of activities. However, many details remain to be proposed, discussed and finalized.
Some of the basic guidelines for development of these new rules include:
Types of Activities that Will be Permissible for Student-Athletes Within the New Rules (pending approval):
Student-athletes will be allowed to receive compensation for:
Much progress still needs to be made on establishing details and receiving feedback from various NCAA constituencies. However, the NCAA Board of Governors remain committed to having the three NCAA divisions prepare specific legislative proposals in time for the January 2021 NCAA Convention.
We will keep you updated as we learn more details and receive additional information.
Yesterday, the NCAA’s Board of Governors voted unanimously to begin the legislative process that will permit NCAA student-athletes to benefit from the use of their name, image and likeness “in a manner consistent with the collegiate model.”
This vote regarding the potential use of an athlete’s “name, image, or likeness” (commonly referred to as “NIL”) paves the way for student-athletes to potentially receive payment for their autographs, for personal appearances, and for their picture or image (and possibly their voice) to promote commercial products and services.
The Board in conjunction with a “Federal and State Legislation Working Group” has established a list of principles and guidelines to direct the work of the NCAA, conferences, and university representatives in all three divisions as they develop and propose appropriate legislation to be considered by NCAA member institutions.
The Board of Governors has expressed a desire for each NCAA division to come up with new rules as soon as possible, but no later than January 2021. For the full NCAA press release, click on this link: https://bit.ly/2JxUsu8.
We’ll keep you updated as we learn more. In the meantime, if you have any questions call us at 913-766-1235 or send an email to rick@informedathlete.com.
