Name, Image, and Likeness (NIL): NCAA Rules Control Rights of College Athletes

Under the NCAA's interim policy, the NCAA is currently not enforcing it's rules prohibiting college athletes from profiting from their names, images, and likenesses (NIL). However, this video covers the NCAA's Bylaw 12 rules, which prohibit college players from using their own names, images, and likenesses (NIL) in various ways. Athletes are still not allowed to receive compensation considered "pay for play," and the rules covered in this video are still technically in the NCAA rulebook, though most of the rules relating to athlete compensation are not currently being enforced.

Though this video was created nearly 3 years before college athletes were allowed to profit from their own NILs, this video still provides good background information about the NCAA rules restricting NIL and forms of athlete compensation. These rules are still technically part of the NCAA rulebook.

Time Stamps:
0:00 Introduction to the channel
0:20 In this episode...
0:57 "Student-Athlete Statement" agreeing to comply with these rules or lose eligibility
1:05 NCAA Bylaw 12.7.2
1:22 Student-Athlete NIL Waiver (Release Statement)
1:55 NCAA may use athlete's NIL for profit in championship promotions (NCAA Bylaws 12.5.1.1.1, 12.5.1.1.2)
3:26 Using "reputation as an athlete," Athlete Self-Employment/Amateurism (NCAA Bylaw 12.4.4.4)
5:32 Camps and Clinics (NCAA Bylaw 12.4.3)
6:08 Compensation by other employers cannot be related to reputation as athlete (NCAA Bylaw 12.4.1.1)
6:59 Coaching provided by athletes and advertising lessons (NCAA Bylaw 12.4.2)
7:24 Closing comment about NCAA control over athletes

The NCAA Rulebook contains many bylaws, including Bylaw, Article12, which deals with Amateurism and Athletics Eligibility. The NCAA regulates how athletes may earn money outside of sports, and how other employers may compensate "student-athletes." The NCAA's justification is often to state that athletic scholarships are sufficient compensation. This is about more than compensation.

***Show Notes and Links***

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*The following links are for informational purposes and should not be considered endorsements. This show does not receive compensation if you click on these links.*

1. Article about the waivers the NCAA used to require athletes to sign at the beginning of the season, as well as waivers schools continue to use: https://www.chicagotribune.com/sports/college/ct-ncaa-waivers-met-20150326-story.html

2. Article about FCU kicker, Donald De La Hayye, who lost his eligibility for refusing to give up the monetization of his YouTube Channel:
https://www.orlandosentinel.com/sports/ucf-knights/knights-notepad/os-sp-ucf-kicker-ineligible-20170731-story.html
His YouTube Channel is: Deestroying (https://www.youtube.com/channel/UC4mLlRa_dezwvytudo9s1sw)

3. Timeline of In re: Student-Athlete Name & Likeness Licensing Litigation leading up to the O’Bannon trial: https://www.cbssports.com/college-basketball/news/timeline-ed-obannon-vs-ncaa/

4. Complete timeline of O’Bannon: https://www.sbnation.com/college-football/2013/3/18/4121364/ed-obannon-ncaa-lawsuit

5. Article about the effect of SCOTUS denying certiorari in O’Bannon: https://www.forbes.com/sites/marcedelman/2016/10/07/by-denying-certiorari-in-obannon-v-ncaa-the-supreme-court-aids-future-reform-to-college-sports/#27bed644270f

6. Link to a downloadable copy of the 2018-2019 NCAA Division I Rules Manual: https://www.ncaapublications.com/p-4547-2018-2019-ncaa-division-i-manual-august-version-available-august-2018.aspx

7. For a discussion of Economics in Sports, listen to the Going Deep Podcast:
-Part 1: https://shoopsgoingdeep.com/episode-eight-going-deep-on-anti-trust-and-price-fixing/
-Part 2: https://shoopsgoingdeep.com/episode-nine-going-deep-on-anti-trust-and-price-fixing-in-big-time-sports-part-2/

8. For more information about In re: NCAA Grant-In-Aid Cap Antitrust Litigation (a.k.a. Alston v. NCAA) that breaks down this case in more detail: https://www.neviuslegal.com/insights/ncaa-trial

9. Link to NCAA v Alston (2021) summary: https://www.youtube.com/watch?v=-riMBqb08_Q

10. Video Background: Photo by Matt Hoffman on Unsplash

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