NCAA rules allow student-athletes to be compensated for the use of their names, images, or likenesses. An “NIL activity” is any business activity in which student-athletes are compensated in any way for the use of the student-athletes' NILs. Examples include personal athletically- or nonathletically-related businesses, social media influencing, promotional appearances, camps, lessons, and autograph sessions.
The NCAA's interim NIL policy, adopted on June 30, 2021, requires member institutions to follow their own state laws or create their own policies. Please click here for a Q&A relating to the NCAA's interim NIL policy. This deregulated area (previously addressed largely by NCAA Bylaw 12.5 promotional activity legislation) will likely be in place until student-athlete NIL rights are addressed through nationally applicable federal law or NCAA legislation.
Until such time, the NIL policy for ASU student-athletes can be found by clicking here. And click here for the Arizona state NIL law (providing NIL rights up to the full extent allowed by the NCAA). And finally, click here for the NCAA Board of Director's guidance relating to institutional involvement.
PRELIMINARY INJUNCTION RELATING TO RECRUITMENT OF PROSPECTS FOR NIL PURPOSES
In accordance with the preliminary injunction issued by the Eastern District of Tennessee (federal court), for the time being, the Two Booster Rules – i.e. no recruiting and no gifts – do not apply to boosters, NIL collectives, or other third (non-ASU) parties when it comes to contacting prospective student-athletes for the sole purpose of negotiating potential NIL deals. The court’s order can be found here.
WHAT IS PROHIBITED?
Just because an activity is labeled as an NIL activity by a third party does not make the activity permissible. Among other rules:
Student-athletes cannot be paid to play their sport (e.g., no charity slam dunk contests, home run derbies, or long drive competitions);
All NIL activities require a quid pro quo or, in other words, student-athletes must do something (e.g., sign autographs, make appearances, post on social media) for their compensation.
Boosters and other third parties cannot contact student-athletes from other institutions who are not in the transfer portal (once they are in the transfer portal, they become prospects and get the benefit of the preliminary injunction).
NIL ACTIVITY DISCLOSURE
As of August 1, 2024, both NCAA rules and ASU policy require that student-athletes disclose the pertinent details of their NIL activities within a time certain and also to supplement those disclosures when NIL agreements are modified. Please click here for instructions on disclosures.
Student-athletes who are determined to have violated NIL policies jeopardize their eligibility, so remember to Ask First!