Below is important information when it comes to Name, Image and Likeness (NIL) and Social Media. This information is a must know for you to be able to effectively take ownership of your recruiting process.
NIL:
Name, image and likeness (or NIL) are the three elements that make up “right of publicity”, a legal concept used to prevent or allow the use of an individual to promote a product or service. For example, if an athlete’s photograph is taken while wearing an athletic brand, and that brand uses the photo to promote their products without the athlete’s consent, that athlete could claim the brand is in violation of the right of publicity.
The right of publicity is generally used to protect against the misuse of an individual’s name, image and likeness for commercial promotion. However, the NCAA has been scrutinized for years, as critics say the NCAA takes advantage of athletes by using their name, image and likeness for profit, while not allowing the athletes to cash in, which honestly was true.
This forced the NCAA change its' NIL rules to allow athletes the right to profit from the use of their own name, image and likeness, here are a few examples of what athletes could now be paid for:
On June 30, 2021, the Division 1 Board of Directors approved an interim name, image and likeness (NIL) policy. This new policy allows all NCAA D1, D2 and D3 student-athletes to be compensated for their NIL as of July 1, 2021, regardless of whether their state has a NIL law in place or not.
NCAA NIL rules do not override state, college/university or conference specific NIL rules. This means all athletes need to review the NIL rules in the state where their college resides and check with the athletic department for any school and conference-specific rules to understand what limitations exist for NIL.
College athletes competing in states without an NIL law will have the freedom to receive compensation for their NIL however they see fit, as long as they do not violate pay-for-play or receive financial incentives to sign with or remain at a program.
NCAA rules say a high school student-athlete can begin to monetize their NIL in high school, doing so could violate their high school or sports association rules and jeopardize their eligibility within their sport or high school.
Many high school associations have released statements clarifying that the new NCAA NIL policy doesn’t change high school eligibility rules.
Right now-California is the only state that clearly allows high school athletes to pursue NIL opportunities. According to the California Interscholastic Federation, California high school athletes can profit from their NIL, as long as they do not use their high school’s name or marks. However, the National Federation of State High School Associations in July of 2022 -“While it is not our position to debate the merits of current college athletes earning money from their NIL, it should be understood that these changes do not affect current high school student-athletes. Current high school student-athletes CANNOT earn money as a result of their connection to their high school team.” Please make sure you double check on your states local high school associations rules in regards to NIL.
States with signed NIL Laws and links to those laws:
College and University NIL Rules.
Each individual college and university has oversight of NIL deals and the right to object to a deal if it conflicts with existing agreements they already have in place. Athletes are expected to understand their school’s NIL policy and keep their school informed of all NIL arrangements. For a list of institutions with NIL rules and regulations in place, click here.
*Similar to states, colleges/universities and conferences, national governing bodies are beginning to create their own NIL guidelines for athletes to retain their amateur status. So if you participate in any of the following national governing bodies events etc, make sure you are familiar with their NIL guidelines.
Moving forward, athletes interested in monetizing on their NIL will need to ask questions about NIL rules when talking with coaches. Before speaking with a coach, prospective student-athletes should create a list of questions about the NIL rules that would impact them.
Social Media
The NCAA social media rules for athletes and the interactions between coaches are less restrictive than the traditional recruiting rules. High school athletes are allowed to reach out to college coaches on social media at any time, public or private.
Coaches can communicate with recruits privately through a direct message (DM) once a sport’s contact period begins. At this time, NCAA social media rules allow coaches to “like” or “share” a student-athlete’s social media post.
However, coaches are prohibited from publicly commenting on a recruit’s social media profile until after the athlete has committed to their program. This is often referred to as the “click don’t type rule.” Coaches are allowed to private message, like or share a recruit’s post, but not allowed to publicly comment or “tag” a recruit’s profile until after they have committed.
You don’t necessarily need to worry about these NCAA rules on social media and college recruitment, but it’s important to understand what types of communication to expect.
Universities and colleges understand the impact social media can have on their rep. That is why many coaches and athletic programs enforce their own social media policies athletes are required to follow while representing the university or college. Each athlete's social media policy differs from the next, and some can be more restrictive than others. As you move through the recruiting process, be sure your social media presence and online behavior is clean and do not do anything that will burn bridges. Social media can be a great and effective marketing tool or yourself and same as a communication tool, if you use it properly. Use common sense and avoid doing anything that will work against finding optimal choices and opportunities.
Social media tips to follow:
