On Wednesday, the NCAA announced college athletes will have the opportunity to benefit from their name, image and likeness beginning Thursday.
Governance bodies in all three divisions adopted a uniform interim policy suspending NCAA name, image and likeness rules for all incoming and current student-athletes in all sports.
On Thursday morning, Clemson released what its student-athletes can and cannot do under the new NCAA bylaws.
This is intended as a resource and does not constitute legal advice and the terms are subject to change as state and national guidance changes.
So what is it? In the State of South Carolina:
An agreement in which an intercollegiate athlete participating in intercollegiate sports authorizes a person to use his or her name, image, or likeness and, in return, receives compensation.
- It must represent a genuine payment for the use of his or her name, image, or likeness, independent of, his or her athletic participation or performance and not initial and continuing enrollment (recruiting inducement).
- Compensation refers to money, goods or services, and may only be provided by a third party unaffiliated with Clemson.
- Student-athletes may obtain an athlete agent/marketing representative, who must be registered in accordance with South Carolina Law, for the purpose of securing compensation for the use of his or her name, image, or likeness.
- Compensation refers to money, goods or services, whether provided at the time or at any subsequent date.
- The use of Clemson’s facilities and uniforms for NIL activity is not permitted.
- The use of Clemson’s intellectual property (logos, designs, photos, etc.) for NIL activity is not permitted at this time.
- NIL activity may not take place during the intercollegiate athlete’s participation in academic, athletic, or team-mandated activities.
- Compensation for NIL activity may not come directly from the institution or its employees.
- The student-athlete must meet all academic requirements of the NCAA and ACC and abide by institutional policies related to class absences.
- Generally, the student-athlete must disclose the terms of an NIL contract to the institution prior to signing the contract.
- Clemson student-athletes will use COMPASS to disclose their NIL activity.
- Clemson University employees (including student workers) may not directly or indirectly create or facilitate NIL compensation opportunities.
- Clemson University may not use or allow boosters (IPTAY members) to directly or indirectly create or facilitate compensation opportunities as a recruiting inducement or pay-for-play. However, boosters may be involved in approved NIL activity as defined by the state.
WHAT IS CLEMSON DOING TO SUPPORT STUDENT ATHLETES?
The Nieri Family Student-Athlete Enrichment Center has long been dedicated to the development of student-athletes off the field, and NIL is no different. Clemson has partnered with a number of internal and external educational resources to help prepare our student-athletes for success in this area.
Clemson has been partnered with Opendorse since 2015 for education and content delivery. Clemson is also partnering with CLC Compass for education and monitoring services, as well as guidance on financial literacy, tax implications and other areas.
MAY IPTAY MEMBERS ENTER INTO AN NIL AGREEMENT WITH A STUDENT-ATHLETE?
Yes, provided the compensation is for actual NIL activity by the student-athlete and not as a recruiting inducement or as a means of paying for athletics participation.
ARE THERE PROHIBITED CATEGORIES?
An intercollegiate athlete may not earn compensation for the use of his name, image, or likeness for the endorsement of:
- illegal substances or activities
- banned athletic substances
- gambling, including, but not limited to, sports betting.
IS THERE A NATIONAL SOLUTION?
Not at this time. While the NCAA has modified its bylaws to no longer rule student-athletes ineligible for earning compensation based of their NIL, there are a number of national legislative proposals that exist. At this time, Clemson is following the guidance of the State of South Carolina.
MAY THE INSTITUTION, OR ITS EMPLOYEES, PASS ALONG OPPORTUNITIES TO STUDENT-ATHLETES?
No. The institution may not facilitate agreements between third parties and student-athletes at this time.
HOW LONG MAY AN NIL CONTRACT LAST?
The contract may not extend beyond an intercollegiate athlete’s participation in an athletic program at an institution of higher learning.
–courtesy of Clemson Athletic Communications
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