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NIL comes from the right of publicity, which is an intellectual property right that protects a person’s right to use their name, image, likeness, or other components of their identity (e.g., nickname, pseudonym, voice, signature, likeness, jersey number, or photograph) for commercial benefits or promotional purposes.
On July 1, 2021, the NCAA enacted the Name, Image, and Likeness (NIL) policy. This was a direct result of O’Bannon and Alston’s legal cases.
An approved NIL activity occurs when a student-athlete provides a service using their NIL in exchange for some form of compensation at market value. The most important concept associated with an approved NIL-related activity is “an exchange of services.” The student-athlete provides a service using their NIL, and the recipient of that service compensates the student-athlete in return. NIL activities include, but are not limited to, the following:
Yes. Student-athletes cannot enter into deals that promote any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine products, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition), political advertising, or other opportunities that go against Georgia Southern University values.
No, if a student-athlete receives money or goods without providing a service, it would be considered an extra benefit under existing NCAA rules. The student-athlete would be deemed immediately ineligible and must go through the NCAA’s reinstatement process before returning to competition. All NIL activities MUST be quid pro quo: there must be an exchange of goods or services for compensation related to one’s NIL. However, there can be no compensation tied to athletic performance such as statistical achievements, wins, or awards.