NIL Information for University of Oregon Donors
The NCAA recently changed its rules to permit student-athletes to monetize their name, image, and likeness ("NIL"), including to promote commercial businesses, as laid out in Oregon Senate Bill 5. The following FAQ has been developed to assist DAF members in understanding the requirements to compensate an Oregon student-athlete for NIL activities.
- Q: What is name, image, and likeness (NIL) and how are the NCAA rules changing?
- A: NIL refers to a student-athlete earning compensation in exchange for the use their name or picture. Previously, the NCAA prohibited student-athletes from earning compensation in this manner (ex. A student-athlete couldn't appear in local car dealership commercial). As of July 1, 2021, the NCAA permits a student-athlete to earn compensation in exchange for participating in NIL activities. NIL activities may include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, and other business activities. Additionally, in May 2021 the Oregon Legislature passed a law protecting a student-athletes right to earn compensation from NIL activities. The state law became effective on June 29, 2021.
- Q: Can an Oregon coach or employee provide me a student-athlete's contact information for NIL purposes?
- A: No. Oregon Senate Bill 5 restricts University employees from compensating or causing compensation to be directed to a student-athlete, a prospective student-athlete, or their family members for NIL activities. While it is permissible for a donor to compensate a student-athlete for NIL activities, University employees may not be involved in arranging NIL activities.
- Q: Can a donor arrange for a student-athlete to promote a business I own or work at?
- A: Yes, as long as a University staff member is not involved in arranging for the promotion, it is permissible for a donor to contract with a student-athlete for NIL activities. Student-athletes are required to disclose all NIL activities to Athletics via the INFLCR app 7 days before they occur.
- Q: Can a donor provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity?
- A: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to Athletics. It is still not permissible to provide payment of any kind to a student-athlete for work not performed.
- Q: Can a donor pay a student-athlete to attend my child's birthday party and sign autographs?
- A: Yes, appearances and autograph sessions are permissible NIL activities, provided the student-athlete has disclosed the activity to Athletics.
- Q: Can a donor provide NIL compensation to a high school recruit so they will attend Oregon?
- A: No. Any compensation provided as an inducement to attend Oregon is still not permissible.
- Q: Are there other restrictions on NIL activities?
- A: Yes. During official team activities, student-athletes cannot participate in NIL activities nor can they use any NIL-deal product/service that conflicts with the University's Code of Conduct, team rules, or a contract entered into between the University of Oregon and a third party. Additionally, student-athletes (or the company involved in the promotion) cannot use University of Oregon's protected trademarks (e.g., logos, word marks (including, but not limited to, the University’s name, nicknames, team names, mascot name, slogans, etc.), colors, and other identifying indicia without proper licensing. Content created by the University (e.g., game photos or video) also cannot be used for commercial purposes without proper licensing. Licensing Information is available at: http://communications.uoregon.edu/brand-management and http://goducks.com/OSP. Consistent with the UO Student Conduct Code, student-athletes may not enter into an NIL agreement or arrangement in which one of the purposes is to endorse or promote engaging in illegal activities.
When dealing with NCAA rules and student-athlete eligibility, there are many caveats and exceptions. It is recommended all donors contact the Athletics Compliance Office (UOCompliance@uoregon.edu) to review any questions related to NIL opportunities prior to the activity.
