Name, Image and Likeness Resources - Brown University Athletics

Important Links:

NCAA Name, Image and Likeness Interim Policy

The NCAA is committed to ensuring that its rules, and its enforcement of those rules, protect and enhance student-athlete well-being and maintain national standards for recruiting. Those goals are consistent with the NCAA’s foundational prohibitions on pay-for-play and impermissible recruiting inducements, which remain essential to collegiate athletics.

As the NCAA continues to work with Congress to adopt federal legislation to support student-athlete use of NIL, it is necessary to take specific, short-term action with respect to application of NCAA rules. Accordingly, effective July 1, 2021 and until such time that either federal legislation or NCAA rules are adopted, member institutions and their student-athletes should adhere to the guidance below.

NCAA Bylaws, including prohibitions on pay-for-play and improper recruiting inducements, remain in effect, subject to the following:
1. For institutions in state without NIL laws or executive actions or with NIL laws or executive actions that have not taken effect, if an individual elects to engage in an NIL activity, the individual’s eligibility for intercollegiate athletics will not be impacted by application of Bylaw 12 (Amateurism and Athletics Eligibility).
2. For institutions in states with NIL laws or executive actions with the force of law in effect, if an individual or member institution elects to engage in an NIL activity that is protected by law or executive order, the individual’s eligibility for and/or the membership institution’s full participation in NCAA athletics will not be impacted by application of NCAA Bylaws unless the state law is invalidated or rendered unenforceable by operation of law.
3. Use of professional services provider is also permissible for NIL activities, except as otherwise provided by a state law or executive action with the force of law that has not been invalidated or rendered unenforceable by operation of law.
The NCAA will continue it’s normal regulatory operations but will not monitor for compliance with state law.
Individuals should report NIL activities consistent with state law and/or institutional requirements.

Temporary NIL Guidance Document for Ivy League Student-Athletes

New NIL Rules – NCAA/Ivy League
The NCAA adopted a temporary new policy, effective July 1, 2021, permitting student-athletes to use their Name, Image, and/or Likeness (NIL) in a commercial manner, subject to state law and/or institutional policy. Accordingly, the Ivy League has adjusted Ivy League Rule IV.B.3.c and will also permit student-athletes to engage in and earn money and/or other benefits for commercial NIL activity, provided it meets the following requirements:

Student-athletes may be compensated for actual work, business or NIL activity. Compensation continues to be prohibited for or as a direct result of participation in intercollegiate athletics (“pay for play”);
Commercial NIL activity may not be arranged for student-athletes by the institution, including its coaches, faculty, and staff;
NIL activity and other employment may not be used by the institution or its representatives as a recruiting inducement or to encourage continued enrollment and/or participation in intercollegiate athletics at the institution; and
All employment and commercial NIL activity must be disclosed to the institution in accordance with any institutional policies, regulations, or procedures.

NIL activity which complies with the Ivy League rule outlined above and in accordance with institutional policy and/or state law (where applicable) will not impact a student-athlete’s eligibility for intercollegiate athletics competition under NCAA or Ivy League rules. Existing Ivy League and NCAA extra benefits and recruiting inducement rules will continue to apply and student-athletes should be aware that compensation received for work or services not performed may trigger rules violations and negatively impact a student-athlete’s eligibility.

Tips for Student-Athletes Before Engaging in Commercial NIL Activity:

It is the student’s responsibility to know and understand the application of NCAA and Ivy League rules, As always, if a student has questions about the application or interpretation of these rules, they should consult their institution’s athletics compliance office. Note that in some cases these rules will also be impacted by state law, as states continue to consider legislation.
It is the student’s responsibility to understand the application of institutional rules and policies prior to committing to any commercial NIL activity, including, but not limited to, use of institutional marks or facilities, conflicts of interest with existing institutional agreements or values, and prohibitions of specific categories of NIL activity (gambling, drugs/alcohol, etc). Institutions will develop NIL disclosure processes for student-athletes, and it is important that deadlines be met and any questions or concerns regarding specific NIL activity be addressed in advance of any such agreement.
Compensation must not be made for or as a direct result of participation in intercollegiate athletics as any such arrangement may constitute “pay for play” and render a student ineligible for intercollegiate athletics participation.
Students who choose to engage in commercial NIL activity should be aware that they will need to consider a variety of tax, legal/contractual and other state and federal employment laws which may apply to NIL activity. NCAA and Ivy League rules permit student-athletes to utilize tax advisors, attorneys, and other professional service providers for independent advice related to NIL activity, provided the student pays the going rate for such services. Institutions will not be in a position to provide advice to students on outside commercial activity.
Students who received need-based financial aid should understand that income of any kind, including that from commercial NIL activity, may reduce their eligibility for institutional and/or federal financial aid. Questions about a student’s specific aid eligibility should be directed to the institution’s financial aid office.
International student-athletes may be prohibited from participating in commercial NIL activity by their visa status. Students should consult their institution’s international student services office before engaging in commercial activity or employment of any kind.

Disclaimer: Additional Federal and/or State legislation regarding student-athlete NIL activity is expected in the coming months. The Ivy League rules and guidance outlined above may need to be adjusted in consideration of these and other developments.

Brown University’s Student-Athlete Name, Image and Likeness (NIL) Policy
Effective July 1, 2021
Last Updated: July 1, 2021

Introduction: Effective July 1, 2021, Brown University (“Brown” or “university”) student-athletes may receive compensation from third parties (but NOT from the University) for use of their Name, Image and Likeness in endorsements or business activities and services.

Definitions:

Name, Image and Likeness (NIL): Terminology frequently used to describe a concept known as “right of publicity.” Right of publicity involves situations where permission is required of a person to use their name, image (e.g., a picture or video) or likeness (e.g., a cartoon, avatar or sculpture); the requirement of permission also means that the person whose NIL is being used may require compensation from 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 non-university entity, including for use by the individual prospective student-athlete or student-athlete, a commercial/for profit entity, or a non-university 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 promotion of a product or service.
Compensation: Remuneration or payment in any form received for work or services actually performed, including cash, credit, goods, cryptocurrency, product, other forms of payment or other benefit.
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 or companies 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, (c) tax advice related to NIL Activities, and (d) marketing or representation of the student-athlete’s 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. Athlete agents are governed under State law and must be registered in the State of Rhode Island as required by the Uniform Athlete Agents Act.
Representatives of Athletics Interests: Individuals who support or promote the athletics department/specific athletic programs, assist with recruitment or have provided benefits to student-athletes or their families.
Prospective Student-Athlete: A prospective student-athlete is a student who has started classes for the ninth grade.

Policy Statements

1. Compensation for Services: A student-athlete may receive compensation from a third party (but not from the student-athlete’s university or conference office) for NIL Activity as long as such compensation is provided in exchange for services, activities, intellectual property, appearances, or other items of value actually provided by the student-athlete and is NOT provided in exchange for athletic performance. Compensation that does not meet this requirement, or is provided in exchange for athletic performance, could be deemed “pay for play” and may lead to a determination of ineligibility to participate in college athletics.
Examples of Impermissible Compensation:
a. $100 payment to a student-athlete for each goal scored
b. $10,000 payment to a student-athlete for Player of the Year award
c. Free use of a car by a car dealer for a student-athlete when the student-athlete does not provide anything of value to the car dealer in exchange

2. Disclosure of NIL Activities

Current Brown Student-Athlete: A student-athlete must disclose a NIL activity no later than 30 days after entering into an agreement.
Incoming Brown Student-Athlete: An incoming student-athlete must disclose current and expired NIL activities no later than 30 days after enrollment at Brown University.
Failure to Disclose:
- If the Division of Athletics and Recreation becomes aware of an NIL activity that has not been disclosed within 30 days, the Compliance Office will notify the student-athlete they have five (5) days to disclose the NIL activity.
- The first time a student-athlete does not disclose a NIL activity within the five (5) additional days, they will be required to have a meeting with the Compliance Office to review the disclosure requirement.
- Any subsequent failures to disclose may result in withholding from athletically related activities (e.g., practice and/or competition).
Proper Disclosure: Student-athletes must disclose all of their NIL activities through Teamworks - Influencer.
Disclosure to NCAA: Institutions are required to report de-identified information related to NIL activities in excess of $600 to NCAA NIL Assist at least twice annually. Given Brown is partnered with Teamworks - Influencer, all disclosed NIL activities will automatically be disclosed to NCAA NIL Assist.

3. Institutional Role:
Brown, including its employees, contractors, and representatives may:

Educate student-athletes on NIL, including but not limited to topics intended to inform student-athletes regarding: rules and risks, best practices, how to engage in NIL, and how to build one’s personal brand.
Assist student-athletes with the evaluation of a Professional Service Provider to support NIL Activity.
Provide student-athletes with a license to use digital content created by Brown or one of its vendors (e.g., photos and videos), whether owned by Brown or a third party contractor, only for activities for which the student- athlete is not directly compensated. Note that ownership of such content shared with student-athletes remains the property of Brown or any other owner, and not with the student-athlete. Failure to follow this requirement may result in a finding of trademark infringement.
Allow student-athletes to access and use university facilities for NIL Activity under the same rules, regulations and fees in effect for any third-party user requesting comparable access or use. Student-athletes who want to utilize Brown spaces should reserve spaces using the institution’s 25 Live reservation system.
Provide support to student-athletes that would be provided to any other Brown student, such as faculty mentoring or investment prize money in a student business plan competition.

Brown, including its employees, contractors, representatives and agents, may not:

Be involved in the development, operation or promotion of a non-university NIL Activity.
Purchase a student-athlete’s work product or service (except that a product or service developed as part of a student-athlete's coursework is not subject to this restriction).
Use the promise of any NIL Activity as an inducement to attend Brown.
Contract with or otherwise knowingly allow any institutional partner or contractor to engage in activity that is impermissible for Brown.
Pay for, provide, or facilitate a relationship between a Professional Service Provider and any student-athlete.

4. Professional Service Providers: Student-athletes may utilize the services of any Professional Services Provider f with NIL Activity. However, an individual or entity who serves as a student-athlete’s Professional Service Provider for NIL Activity may not also serve as the student-athlete’s Agent.. Student-athlete use of agents must be consistent with current NCAA rules governing “agents” and comply with State of Rhode Island’s Uniform Athlete Agents Act.

5. Use of Brown University’s Name or Marks: Student-athletes at Brown may state that they play “[insert name of sport] at Brown University” or that they are “a member of the [insert name of sport] team at Brown University” to identify themselves in connection with NIL Activity. Student-athletes may not, however, use Brown’s name in any other manner or any of its logos, marks, nicknames or other intellectual property in connection with noninstitutional NIL Activity. Student-athletes must follow Brown’s Visual Identity Policy.

6. Conflict With Brown University Contracts: Student-athletes at Brown may enter endorsements or business activities with sponsors of the University or entities that compete with sponsors of the University with the exception of the category of footwear and apparel. For example, Brown student-athletes are required to wear Nike footwear and apparel while training or competing on behalf of Brown University, unless Nike has provided a team exemption due to lack of product or an individual exemption for medical reasons.

7. Autographs and Memorabilia: Student-Athletes may not sell team-issued apparel, and/or equipment provided by Brown University in their pursuit of NIL Activities while they have NCAA and Ivy League eligibility remaining. A student-athlete may otherwise purchase merchandise for utilization in NIL Activities. Autograph and memorabilia NIL Activities may not be conducted while on-call for practice, competition, and/or other official Brown activities.

8. Conflict with NCAA or Brown University Policies: Student-athletes may not endorse or enter into business activities in categories that conflict with NCAA legislation (i.e., banned substances and sports wagering) or institutional values and policies.
These areas include:

Tobacco and electronic smoking products;
Alcohol products;
Illicit drugs, including marijuana and CBD oil;
Performance enhancing drugs included on the NCAA Banned Substance List;
Gambling of any sort (including fantasy leagues or fantasy sports websites, but excluding state-authorized lotteries); and
Pornography.

Please note, the University maintains the right to expand on this list in the future should new areas of conflict arise. Student-athletes will be notified of the updated list through the Office of Athletics Compliance. In addition student-athletes must comply with university policies, including but not limited to:

Brown Code of Conduct
Brown Name Use Policy
Brown Image Use Policy
Brown Visual Identity Policy and Strategy
Brown Title IX Policy
Use of Campus Space By External Third Parties
Brown Drug-Free Workplace Policy
Brown Political Activities Policy
Brown Discrimination and Harassment Policy

9. Conflict of Commitment: Student-athletes may not miss class or other mandatory academic requirements or required team activities to engage in NIL activities. This would constitute an unauthorized absence.

10. Recruiting Inducement: Neither Brown nor a representative of athletics interests, can use NIL Activity or a promise related to such activity in any manner that could be deemed an inducement for a Prospective Student Athlete to attend Brown, or for a current student-athlete to remain enrolled at Brown.

11. Prospective Student-Athletes: Prospective student-athletes may engage in any NIL Activity that is permissible within their respective state legislation and NCAA guidelines. Upon enrollment at Brown University, it is the student’s responsibility to inform the Athletics Department of any NIL Activity that will continue after enrollment and follow all policies and procedures for enrolled student-athletes. Failure to disclose NIL Activities after enrollment could jeopardize one’s athletic eligibility under NCAA and Ivy League regulations and university policy.

12. International Student-Athletes: International student-athletes may be limited in their ability to receive NIL compensation from a third party under the terms of their visa or other immigration status. You must confer with the Office of International Students and Scholars for additional information to ensure that you do not jeopardize your status as a student in the United States.

13. Institutional Promotional Activities: Student-athletes may be asked to participate in Brown promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by Brown University to participate in any such activity. Student athletes may opt out of any such activity by notifying their head coach or the Office of Athletics Compliance.

14. Equity: Brown University and the Athletics Department are committed to equity in the provision of all permissible university services under this policy. Student-athletes are entitled to compensation only from noninstitutional entities and not from Brown. Brown is not responsible for monitoring, overseeing or enforcing equity in opportunities, compensation or other considerations provided by outside persons or Professional Service Providers and other entities.

15. Employment Status: Although Brown student-athletes may be employed by the University in a job on campus, student-athletes are not considered employees of Brown under any federal, state, or local law, regulation, or ordinance based on their status as student-athletes. A student-athlete’s receipt of NIL compensation from an outside entity does not alter the non-employee status of the student-athlete.

16. Withholding, Tax & Other Obligations: Student-athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with their individual NIL Activity. You are responsible for seeking your own private tax advisor.

17. Disclaimer: Brown is not liable or otherwise responsible to any student-athlete, non-university entity that engages with a student-athlete, Professional Service Provider or other entity involved with NIL Activity. Student-athletes participate in NIL activity on their own and at their own risk of loss of business opportunities, or loss of other compensation, income, benefits, from any source. Brown shall have no responsibility for any claims or damages arising from NIL activities of its student-athletes.

Consequences:
At this time, the NCAA lacks specifics regarding NCAA consequences for violations of this policy. Student-athletes may be subject to NCAA sanctions up to and including permanent ineligibility to participate in college athletics, for violations of this policy. In addition, student-athletes may be subject to Brown University sanctions, up to and including removal from the team roster, if they are deemed ineligible. Brown will keep student-athletes informed of any changes to NCAA rules.

Resources

Brown University Facility Reservations: 25 Live reservation system.
Office of International Students and Scholars /
Student Athlete Name, Image and Likeness Rules and Nonimmigrant Status | N