Last modified: November 9, 2020
| Regulation | NCAA Division I | Florida | California | Colorado | New Jersey | Nebraska |
|---|---|---|---|---|---|---|
| Bill(s) | Proposed Legislation | SB 646 | SB 206 | SB 20-123 | S 971 | LB 962 |
| Effective Date | 8/1/2021 (if passed - 1/2021 vote at NCAA Convention) | 7/1/2021 | 1/1/2023 | 1/1/2023 | 7/1/2023 | 7/1/2023 |
| Benefits Summary | Promote camps and clinics, private lessons, their own products and services, and commercial products or services Compensation for autographs and personal appearances Crowdfund for nonprofits or charitable organizations, catastrophic events and family hardships, as well as for educational expenses not covered by cost of attendance |
Permits compensation to athlete for NIL use if provided by a third party unaffiliated with athlete’s institution and protects athlete against unauthorized NIL use Compensation must be commensurate with FMV and must not be based on athletic performance Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility or aid on not exercising these rights |
Permits compensation to athlete for NIL use Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility or aid on not exercising these rights |
Permits compensation to athlete for NIL use Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility on not exercising these rights |
Permits compensation to athlete for NIL use Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights |
Permits compensation to athlete for NIL use Prevents institutions from adopting/enforcing regulations that penalizes athlete for exercising NIL rights |
| Excluded Endorsement Categories | Commercial products/services that conflicts with NCAA legislation (i.e., wagering, banned substances) Commercial products/services that conflict with institutional values (institutional option) |
None |
None |
None |
Adult entertainment products and services; alcohol products; casinos and gambling, including sports betting, the lottery, and betting in connection with video games, online games, and mobile devices; tobacco and electronic smoking products and devices; prescription pharmaceuticals; a controlled dangerous substance; and weapons, including firearms and ammunition. Violation of this provision would cause the revocation of the athlete’s institutional scholarship. |
None |
| Conflict Limitations | No conflicts with existing team agreements (institutional option) |
No conflict with existing team contract Institution must disclose conflict term to athlete and athlete’s representation |
No conflict with existing team contract Institution must disclose conflict term to athlete and athlete’s representation |
No conflict with existing team contract Institution must disclose conflict term to athlete and athlete’s representation |
No conflict with existing team contract when engaged in official team activities Institution must disclose conflict term to athlete and athlete’s representation |
No conflict with existing team contract or requirement endorsement display when engaged in official team activities (does not apply when not engaged in official team activities) |
| Inducement Limitations | Institutions may not arrange/secure endorsement opportunities for athletes Institutions may not involved in the development, operation or promotion of a student-athlete’s business activity, unless the activity is developed as part of a student’s coursework or academic program. |
Institution cannot compensate or cause compensation to be directed at an athlete or prospective athlete |
None |
No direct compensation |
Institution or entities that support institution cannot compensate or cause compensation to be directed at an athlete or prospective athlete |
None |
| Limits on Use of Institutional IP/Marks | Not Permitted |
None, but appropriate rights/permissions would apply |
None, but appropriate rights/permissions would apply |
None, but appropriate rights/permissions would apply |
None, but appropriate rights/permissions would apply |
None, but appropriate rights/permissions would apply |
| Disclosure Requirements | Institutions required to disclose prohibited activities at the time athlete admitted/signs aid agreement Athletes required to disclose NIL arrangements (including compensation, other relationship details) |
Athletes must disclose NIL-related agreements to institution |
Athletes must disclose NIL-related agreements to institution |
Athletes must disclose NIL-related agreements to institution within 72 hours or before next scheduled athletics contest |
Athletes must disclose NIL-related agreements to institution |
Athletes must disclose NIL-related agreements to institution Institution may not disclose any trade secret or otherwise confidential information from NIL-related agreement |
| Agency / Representation Requirements | Permit use professional advice and marketing assistance regarding name, image and likeness activities, as well as professional representation in contract negotiations related to name, image and likeness activities, with some restrictions. |
Permissible with valid license (attorneys must be members of FL bar) |
Permissible |
Permissible with valid license and compliance with SPARTA |
Permissible with valid license (attorneys must be members of NJ bar) and compliance with SPARTA |
Permissible, however any agreements of this nature must specify the amount and method of calculating consideration paid for such services, the names of individuals compensated under the terms of the agreement, a description of expenses reimbursed by the athlete; a description of the services provided to the athlete, the duration of the agreement, the date of execution, along with specified boldfaced language |
| Other Items of Note | Third-party administrator will (likely) assist with oversight of the disclosure process; monitoring and reporting name, image and likeness activities; and educating key stakeholders, including student-athletes, prospective student-athletes, boosters and professional service providers. |
Applies to all post-secondary institutions Institutions required to conduct financial literacy and life skills training (5 hour minimum) at the beginning of athlete’s 1st and 3rd academic years Duration of agreement must be restricted to intercollegiate eligibility timeframe |
Applies to all four-year private universities in CA, public institutions in UC system who average 10m+ in annual revenue, and all applicable governing bodies |
Applies to all postsecondary institutions |
Applies only to four-year institutions Institutional team contract with allow the institution, athletic association, conference, or other governing body the right to use the athlete’s name, image, or likeness for advertising/marketing purposes without additional compensation paid to the athlete. |
Permits athletes and institutions to bring legal action for violations of legislation Institutions may apply act’s regulations prior to 7/1/2023, but risk violations of NCAA legislation |