NCAA SAs likenesses, EA Sports, and the video game industry: Compromising
amateurism?
(I attach below the most important pieces of prior correspondence and the NCAA props
through the tabled ones as of when we discussed last…)
Tentative Article Blueprint
Intro and Problem ID
Need to retrieve what was been written heretofore, including the Bracken and Simpson
paper from my IU class… Need to de-limit this perhaps? FB and MBB? I am more
interested in MBB VG likenesses, and those are the ones I am aware of most. Talked to
B. Coyle from EA Sports a few times on a few subjects, could bounce ideas off him too.
I’d say:
 Start of use of SAs likenesses
 Past of Amateurism handling re: likenesses, ads, and commercial products
 EA Sports relationship with NCAA and Mis
 Revenue discussion
 SAs rights, waivers/releases via Bylaw 12 etc, incl. comments pro-SAs’
amateurism exemptions for revenue generation from:
o Likenesses for commercial products used by schools/NCAA
o Music (see two examples – Country and Hip-hop artists)
o Extension of the modeling exception
 Perhaps origins of the VG industry, relationships with other entities (incl.
Madden, NFL, NBA, and nature of NCAA titles)
 Possibly a generic overview of likenesses uses in other fields, in sport-related
fields, and other examples (if any) of likenesses and RsoP circumvented via
releases/collective agreements, contractual relationships, etc… See how the pro
unions protected image rights of players and se if we learn anything for the Sas
Amateurism
Could be long, but:
 Use past cites (Allison, Pierce, Kaburakis, and any recent and closely-related
ones)
 Try to focus on Amateurism exemptions, history, and proceed with below props
and de-regulation attempts
 Dissect and scrutinize the three tabled props, esp. allowing ads featuring currently
enrolled SAs, as well as pix/images
 ID “likenesses” inclusion in Manual (wasn’t there early on)
Law-RoP-Federal and State policy
Got that, see the other outline…
Here, we need to also delve into articles and arguments pro-SAs rights and image
protection
Hypothesize or use creative research method to build up discussion
What could we use here?
Interviews? SAs, ADs, EA execs (they’d also like de-regs, using contemporary SAs, also
willing to pay them, if NCAA allowed it)
Case studies?
Dealt with Amateurism and props, showing how they could be compromising amateurism
Analyzed Law and Policy re: State and federal claims re: RoP, etc.
Stronger argument after the White settlement? Let’s use White…
What else?
Discussion – Recommendations
Quickly and w/o much thought:
1. Amend Bylaw 12 allowing for SAs to receive compensation from (intro bullets
above)
2. Amend Bylaw 12 allowing schools and EA to use them more liberally (original
objective or tabled props, to ensure some more revenue for schools)
3. Creation of SAs IP and image rights (sub)Division (much like:
http://www.clc.com/clcweb/publishing.nsf/Content/Home.html)
a. Do we then proceed further w/ differentiation b/t starters and non-starters?
b. How would we calculate value to MI and EA from SAs likenesses’ use?
4. (this should be first, due to vacuum legis, i.e. not covered by Bylaw 12 as of now)
INCLUDE video games use of SAs likenesses, etc. Regulate if desirable (how much,
etc, according to props re: ads, etc.)
Could theorize, according to the legal portion, action by SAs to protect their RoP and
related IP rights. Pts would be along the lines of what Jurisprudence dealt with in pro
sports cases, lacking NCAA SAs likenesses case law. What else could we propose?
COULD WE DO THIS IN ONE BIG MANUSCRIPT?
FEASIBLE?
TOO MUCH ON NCAA AMATEURISM AND NCAA SA LIKENESS I FEEL TO
DO SO, BUT ALWAYS OPEN TO SUGGESTIONS…
---------- Forwarded message ---------From: Tassos Kaburakis <[email protected] >
Date: Oct 6, 2007 1:15 PM
Subject: Re: Sport and EU contact and post samples
To: [email protected]
For our reference, and for me not to lose it in cyberspace:)
Will be thinking and collecting some stuff on this Mike.
Have a fabulous weekend
T
http://chronicle.com/daily/2007/09/2007092604n.htm
Wednesday, September 26, 2007
Controversial NCAA Proposal Would
Allow Colleges to Cash In on Players'
Images
By LAUREN SMITH
A controversial proposal by the National Collegiate Athletic Association would broaden
the way companies are allowed to use college athletes in advertising campaigns, giving
athletics departments more opportunities to trade on players' popularity.
The proposal, which an NCAA panel will vote on in January, has attracted little attention
because it was introduced as an amendment to existing rules.
Athletics officials who support the proposal say that they aren't seeking to exploit
athletes, and that the changes would align outdated NCAA rules with today's
technologies. Some players also support the amendment.
But critics say the proposal would go too far, allowing sponsors to expand their reach
without compensating players for the use of their likenesses in commercial promotions.
While players would continue to earn nothing for the use of their likenesses, their
colleges, conferences, or the NCAA could reap profits from the advertisers.
Any move to broaden the use of athletes' images in advertisements is "misguided," says
Amy P. Perko, executive director of the Knight Commission on Intercollegiate Athletics.
In the past, the commission has opposed any attempt to allow more commercial
endorsements in college sports. Next month it plans to discuss the proposal at a meeting
in Washington.
What's Permissible?
As it is now, companies are allowed to include pictures or images of college athletes in
their advertisements as long as the athletes do not promote commercial ventures. In
addition, companies are permitted to show only their corporate logos and names, not their
products.
Under the proposed changes -- which were introduced in June by a panel on academics
and eligibility, a powerful NCAA committee made up of athletics officials and faculty
members -- companies would be allowed to advertise their products and services in
association with pictures or images of college athletes, as long as the players did not
specifically endorse the products.
Making such changes would provide colleges, conferences, and the NCAA "greater
flexibility in developing relationships with commercial entities that benefit the athletics
program, the proposal says.
Some faculty members, lawyers for athletes, and college-sports watchdog groups say the
plan would undermine players' ability to be paid for advertisements in which they appear,
and strip them of a say in how their likenesses are used.
"There is a little bit of disingenuousness in this," said Ellen J. Staurowsky, a professor
and chair of the graduate program in the department of sport management and media at
Ithaca College. Until players are compensated by the advertisers, she said, "these kinds of
practices are problematic."
Marc Isenberg, a lawyer who has written about the commercialization of college sports,
said broadening the ability of companies to use athletes' images was a "slippery slope."
"The problem I see," he says, "is that student-athletes retain little if any control over the
athletic department's use of their likenesses."
That could lead to problems like one that arose several years ago, he said, when MET-Rx,
a nutrition company, sponsored players of the week at some Pacific-10 Conference
institutions. Later some of the company's nutritional supplements were found to contain
androstenedione, which is banned by the Food and Drug Administration because it poses
health risks similar to those of steroids.
In 2005 the NCAA faced criticism for a Web promotion by Pontiac that posted pictures
of new cars beside college-football video highlights. The ad allowed fans to vote for their
favorite game-changing play and awarded $5,000 scholarship contributions to winning
institutions.
Critics assailed the NCAA, saying it was using the players to sell cars. Despite the
display of vehicles, the association declared the campaign a football promotion, and not a
commercial promotion.
Misunderstood Intentions
In 2005, the NCAA considered broadening the rules governing the use of players' names
and pictures, but the proposal was modified by a committee before it was adopted,
marginalizing its effectiveness.
Two athletics officials who helped write the new proposal defend it vigorously, saying it
is intended only to clarify NCAA rules introduced decades ago, when the Internet and
other multimedia platforms did not exist.
Current rules about permissible commercial endorsements apply only to printed
advertisements. The proposed change would give athletics departments guidance in
dealing with evolving media such as streaming Internet and cellphone technologies.
Michael Rogers, faculty athletics representative at Baylor University and chairman of the
NCAA's subcommittee on amateurism and agents, said some people have misunderstood
the proposal's intentions.
"There was some fear originally that it would allow a student-athlete to hold up a can of
soda and say, 'Buy this, drink this,'" Mr. Rogers said. "That's not what we're doing."
Christine A. Plonsky, director of women's athletics at the University of Texas at Austin,
emphasized that the proposal would still protect athletes from commercial exploitation.
"There are many, many ways that we can present messages where the company's message
is definitely attached to the activity, but you're not asking a student-athlete to endorse or
in any way back the actual product," she said.
Audiences are "sophisticated enough," she said, "to know what they're being dealt in a
commercial or a sponsorship message."
The NCAA's Division I Student-Athlete Advisory Committee, made up of 30 athletes and
former athletes from various conferences, supports the measure.
Kerry Kenny, a former basketball player at Lafayette College and the committee's vice
chairman, served on a study group that examined how athletes' names and pictures should
be used. The group concluded that the current rules needed updating.
As long as athletes are portrayed in a positive light, Mr. Kelly said, "we were all for any
legislation or direction the NCAA was going to take."
Some high-profile athletes, too, like the idea. Chris Lofton, a preseason all-American
basketball player at the University of Tennessee, said he loved seeing his image broadcast
and would have no problem being a part of a product advertisement.
"It's good for the school, it's good for the players, and good for the team," he said.
He just had one suggestion for the NCAA: If players' names and pictures are used, why
not pay them?
---------- Forwarded message ---------From: Tassos Kaburakis <[email protected]>
Date: Oct 6, 2007 2:19 PM
Subject: Re: Sport and EU contact and post samples
To: [email protected]
Mike, the prop referred to in the Chronicle article was 2007-26...
Also important is the following interp. (bear in mind that frequently these are revised and revisited by
membership services staff, after they consult with supervisors and get official word from respective
Committees)
At this point, I feel Bylaw 12.5 is problematic in re: EA Sports application... It is not per se encompassing
such use and this is something that has been discussed but still not addressed legislatively. Soon, I feel,
we'll have yet another amendment, to that end, as the following material demonstrates.
I quote pertinent parts from the said Bylaw herein, as they stand in the 07-08 Manual, after the amendments
attached below:
from 12.5.1.1 (Bold added)
(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of
any
nonprofit agency; (Adopted: 1/10/92)
(h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than
highlight
films or media guides per Bylaw 12.5.1.8) may be sold only at the member institution at which the
student-athlete is enrolled, institutionally controlled (owned and operated) outlets or outlets controlled
by the charitable or educational organization ( e.g., location of the charitable or educational organization,
site of charitable event during the event). Items that include an individual student-athlete's name, picture
or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items
(e.g., media guide, schedule cards, institutional publications), may not be sold; and (Adopted: 1/16/93,
Revised: 1/9/96, 4/27/06 effective 8/1/06)
juxtapose Prop 2007-26 with:
12.5.1.4 (current) Commercial Advertisement. It is permissible for a student-athlete's name or picture, or
the group
picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial
product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's congratulations to the
studentathlete
or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated
or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members,
individually
or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete's
name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation
in a member institution's promotional activities and the advertisement involves the announcement of receipt
of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official
interpretations approved by the Management Council.
NCAA Bylaw Interpretation
Amateurism -- Institutional, Charitable, Educational Or Nonprofit Promotions -- Sale Of
Items Bearing Names, Likenesses Or Pictures Of Student-Athletes (I)
Date Issued: Jan 07, 2006
Type: Ed. Column
Item Ref: 1
Interpretation:
Question:
How would this legislation apply to an institutional promotion using multiple studentathletes' pictures?
Answer:
The proposal does not change the application of NCAA Bylaw 12.5.1.1 as it relates to
institutional promotions that involve pictures of multiple student-athletes. The intent of
the proposal is to prohibit the sale of items that include an individual student-athlete's
name, picture or likeness [other than informational items (e.g., media guide, schedule
cards, institutional publications)].
Question:
Would this proposal still allow an institution to sell items that include the names, pictures
or likenesses of individual student-athletes through institutionally controlled outlets
[other than informational items (e.g., media guide, schedule cards, institutional
publications)]?
Answer:
No. The proposal would preclude the sale of such items by the institution, as well as other
entities.
Question:
Would this legislation preclude companies from using a student-athlete's likeness in
sports video games?
Answer:
Current legislation (Bylaw 12.5.2.2) and interpretations already specify that if a
student-athlete's name or picture (or likeness) appears on a commercial item or is
used to promote a commercial product sold by an individual or agency without the
student-athlete's knowledge or permission, the student-athlete (or the institution
acting on behalf of the student-athlete) is required to take steps to stop such an
activity in order to retain his or her eligibility for intercollegiate athletics. The
proposal would not change the application of this legislation.
TK: THIS IS A PRETTY POOR ANSWER IN MY BOOK... I AM SORRY BUT THIS NEEDS
ADDRESSING.
See Also:
None
Associated
Bylaws
Sel
Bylaw Title
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions.
12.5.2.2 Use of a Student-Athlete's Name or Picture without Knowledge or
Permission.
Get Selected Bylaw s
Associated Proposals
DI 2005-25 AMATEURISM -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR
NONPROFIT PROMOTIONS -- SALE OF ITEMS BEARING NAMES, LIKENESSES OR PICTURES
OF STUDENT-ATHLETES
---
NCAA Bylaw Interpretation
Educational Column -- NCAA Division I Bylaws 12.5.2.1, 12.5.2.1.2 and 12.5.2.2 (Third Party
Sale of Student-Athlete Photographs) (I)
Date Issued: Sep 12, 2006
Type: Ed. Column
Item Ref: 1
Interpretation:
NCAA Division I institutions are reminded that current legislation does not permit an individual or agency
(e.g., private photographer, news agency) to sell photographs of student-athletes with remaining eligibility
for private use. Rather, NCAA Division I Bylaw 12.5.2.2 relieves the student-athlete (or the institution
acting on behalf of the student-athlete) from the obligation to take steps (e.g., send a cease and desist
request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
During its April 6, 2005, teleconference, the NCAA Division I Academics/Eligibility/Compliance Cabinet
Subcommittee on Legislative Review/Interpretations noted that such steps are unnecessary inasmuch as
legal precedent affords individuals and agencies the right to sell photographs for private use. Further, the
subcommittee noted that if a student-athlete's name or picture appears on any other commercial items or is
used to promote a commercial product or service, the student-athlete (or the institution acting on behalf of
the student-athlete) is required to take steps (e.g., send a cease and desist request) to stop such an activity in
order to retain his or her eligibility for intercollegiate athletics.
It is not permissible for an institution to permit (e.g., through a written agreement with a third-party) the
sale of student-athlete photographs by an individual or agency for private use. The misuse of a studentathlete's picture in this manner continues to be a violation of Bylaw 12.5.2.1.
[References: Bylaws 12.5.2.1 (advertisements and promotions subsequent to enrollment); 12.5.2.1.2
(improper use of student-athlete's name or picture) and 12.5.2.2 (use of a student-athlete's name or picture
without knowledge or permission)]
See Also:
None
Associated
Bylaws
Sel
Bylaw
12.5.2.1
Title
Advertisements and Promotions After Becoming a Student-Athlete.
12.5.2.1.2 Improper Use of Student-Athlete's Name or Picture.
12.5.2.2
Use of a Student-Athlete's Name or Picture without Knowledge or
Permission.
Get Selected Bylaw s
Associated Proposals Proposals: 0
---
2005-4 AMATEURISM -- PROMOTIONAL ACTIVITIES -- COMMERCIAL FILMS
Status: Adopted - Final Process Diagram
Intent: To eliminate the prohibition on using footage of an institution's intercollegiate contest or event or
individual performance of a student-athlete in a commercial film.
Bylaws: Amend 12.5.2.3.4, page 82, as follows:
"12.5.2.3 Specifically Restricted Activities. A student-athlete's involvement in promotional activities
specified in this section is prohibited.
[12.5.3.2.1 through 12.5.3.2.3 unchanged.]
"12.5.2.3.4 Appearance in Commercial Films. Footage of an institution's intercollegiate game or event or
of the individual performance of a student-athlete may not be used in a commercial movie unless all
individuals appearing in the footage have exhausted their seasons of eligibility."
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance
Cabinet)(Subcommittee on Agents and Amateurism)].
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Current media activities legislation permits a student-athlete to participate in radio and
television programs, writing projects and commercial films, provided the student-athlete meets certain
criteria. The criteria include prohibiting the student-athlete from accepting compensation or endorsing a
commercial product. Expanding the application of the media activities legislation to permit the use of
footage of an institution's intercollegiate game or event or student-athlete's individual performance will
create consistency in legislation while not compromising amateurism principles or student-athlete wellbeing. The change also will eliminate the need for unnecessary reinstatement requests when footage
appears in a commercial film without the knowledge of the institution or student-athlete.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
History
Feb 18, 2005 Academics/Eligibility/Compliance Cabinet; The cabinet unanimously requests that
the Management Council adopt noncontroversial legislation, effective immediately,
eliminating the current restriction on footage of an institution's intercollegiate
contest or event or individual performance of a student-athlete.
Feb 21, 2005 Submit; Submitted for consideration.
Apr 11, 2005 Mgmt Council 2nd Review; Designated the proposal as noncontroversial
(Unanimous Voice Vote.); approved and agreed to request that the Board use its
authority to adopt the proposal as noncontroversial legislation. (Unanimous Voice
Vote)
Apr 28, 2005 Board Consideration, Adopted; Adopted the proposal as noncontroversial
legislation. (Unanimous Voice Vote)
Apr 28, 2005 Adopted, Override Period; Start of Override Period
Jun 23, 2005 Adopted, Override Period; End of Override Period
Jun 23, 2005 Adopted; Adopted - Final
Associated
Bylaws
Sel
Bylaw Title
12.5.2.3 Specifically Restricted Activities.
Get Selected Bylaw s
Associated Interps
No interps found
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
2005-24 AMATEURISM-- PROMOTIONAL ACTIVITIES -- USE OF A STUDENT-ATHLETE'S
NAME OR PICTURE TO PROMOTE A CAMP
Status: Adopted - Final Process Diagram
Intent: To specify that a violation of the bylaw restricting the use of a student-athlete's name or picture to
directly advertise or promote a camp does not affect the involved student-athlete's eligibility.
Bylaws: Amend 12.5.1.7, page 81, as follows:
"12.5.1.7 Camps. An institutional or privately owned camp may use a student-athlete's name, picture and
institutional affiliation only in the camp counselor section in its camp brochure to identify the studentathlete as a staff member. A student-athlete's name or picture may not be used in any other way to directly
advertise or promote the camp. Violations of this bylaw shall be considered institutional violations per
Constitution 2.8.1; however and do not affect the student-athlete's eligibility."
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance
Cabinet) (Committee on Student-Athlete Reinstatement)].
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: This proposal is consistent with efforts to deregulate the manual and streamline the studentathlete reinstatement process. Violations of this bylaw deal with situations where the student-athlete's name
or picture is used inappropriately in a camp brochure or to directly advertise or promote a camp. Studentathletes have no culpability for these violations and no competitive advantage is gained. Historically,
student-athletes involved in these violations have been reinstated without conditions. Therefore, consistent
with other deminimus violations, this violation should no longer effect eligibility.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet unanimously supports Proposal No. 2005-24 as
written. The cabinet agrees with the sponsor's rationale that student-athletes have no culpability for these
violations and no competitive advantage is gained. In addition, student-athletes historically have been
reinstated without conditions for such violations.
Primary Contact Person:
na
History
Feb 18, 2005 Academics/Eligibility/Compliance Cabinet, Recommends Approval
Apr 15, 2005 Submit; Submitted for consideration.
Sep 09, 2005 Academics/Eligibility/Compliance Cabinet, Recommends Approval; See position
statement.
Jan 08, 2006 Mgmt Council 1st Review, Approved; (Unanimous Voice Vote)
Jan 09, 2006 Board Consideration, Adopted; (Unanimous Voice Vote)
Jan 09, 2006 Adopted, Override Period; Start of Override Period
Mar 12, 2006 Adopted, Override Period; End of Override Period
Mar 12, 2006 Adopted; Adopted - Final
Associated
Bylaws
Sel
Bylaw Title
12.5.1.7 Camps.
Get Selected Bylaw s
Associated Interps
No interps found
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
2005-25 AMATEURISM -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT
PROMOTIONS -- SALE OF ITEMS BEARING NAMES, LIKENESSES OR PICTURES OF
STUDENT-ATHLETES
Status: Adopted - Final Process Diagram
Intent: To specify that commercial items with names, likenesses or pictures of multiple student-athletes
(other than highlight films or media guides) may be sold only at the member institution at which the
student-athlete is enrolled, institutionally controlled outlets or outlets controlled by a charitable or
educational organization; further, to specify that items that include an individual student-athlete's name,
picture or likeness (other than informational items), may not be sold.
Bylaws: Amend 12.5.1.1, pages 78-79, as follows:
"12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized
entity thereof (e.g. sorority or student government organization), a member conference or a noninstitutional
charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to
support its charitable or educational activities considered incidental to the student-athlete's participation in
intercollegiate athletics, provided the following conditions are met:
[12.5.1.1-(a) through (g) unchanged.]
"(h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than
highlight films or media guides per Bylaw 12.5.1.8) may be sold only at the member institution at which
the student-athlete is enrolled, institutionally controlled (owned and operated) outlets or outlets controlled
by the charitable or educational organization (e.g., location of the charitable or educational organization,
site of charitable event during the event). Items that include an individual student-athlete's name,
picture or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than
informational items (e.g., media guide, schedule cards, institutional publications), may not be sold;
and"
[Remainder of 12.5.1.1 unchanged.]
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance
Cabinet) (Subcommittee on Agents and Amateurism)].
Effective Date: August 1, 2006
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: In an effort to address concerns related to student-athlete exploitation, an individual studentathlete's name, picture or likeness should not be used in connection with for-sale ventures. Some examples
of these for-sale ventures include jerseys with a student-athlete's name and bobble-head dolls that are sold
in campus stores. It is important to note that a distinction was made between producing items with a
student-athlete's name, picture or likeness for sale versus providing these items as part of a marketing or
promotional event, such as give-a-ways at games (e.g., posters, schedule cards, bobble-head dolls).
Numerous discussions with institutional personnel and student-athletes and two national surveys were
conducted of institutional presidents and chancellors and athletics department marketing personnel. The
survey results indicate that although a majority of institutions are not using student-athletes in this manner,
institutions should be held to the same standards as noninstitutional entities. Therefore, individual studentathletes should not be used in for- profit ventures in a manner that may be perceived as exploitive. Finally,
no change is being recommended in regard to allowing student-athletes to be involved in charitable
promotional activities.
Estimated Budget Impact: Potential impact on those institutions that currently use the name, picture or
likeness of student-athletes in retail sales.
Impact on Student Athlete's Time: None.
Position Statement(s)
:
Primary Contact Person:
na
History
Feb 18, 2005 Academics/Eligibility/Compliance Cabinet, Recommends Approval
Apr 15, 2005 Submit; Submitted for consideration.
Sep 09, 2005 Academics/Eligibility/Compliance Cabinet; The cabinet agreed to modify the
proposal to specify that items featuring an individual student-athlete's name, picture
or likeness (e.g., name on a jersey, bobble head doll), other than informational
items, may not be sold. However, items containing the name, picture or likeness of
an individual student-athlete that are informational in nature (e.g., media guide,
schedule cards, institutional publications) or items with names or pictures of two or
more student-athletes may be sold only at the member institution at which the
student-athlete is enrolled, institutionally controlled (owned and operated) outlets or
outlets controlled by a charitable or educational organization (e.g., location of the
charitable or educational organization, site of charitable event during the event).
Jan 08, 2006 Mgmt Council 1st Review, Approved - (Yea=44, Nay=7, Abstain=0, Not Present=0)
Jan 09, 2006 Board Consideration; Deferred Action until April 2006.
Apr 27, 2006 Board Consideration, Adopted - (Yea=10, Nay=7, Abstain=0, Not Present=1)
Apr 27, 2006 Adopted, Override Period; Start of Override Period
Jun 26, 2006 Adopted, Override Period; End of Override Period
Jun 26, 2006 Adopted; Adopted - Final
Associated
Bylaws
Sel
Get Selected Bylaw s
Bylaw Title
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions.
Associated
Interps
Ed. Column Jan 07, 2006 1 Amateurism -- Institutional, Charitable, Educational Or
Nonprofit Promotions -- Sale Of Items Bearing Names,
Likenesses Or Pictures Of Student-Athletes (I)
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
2005-26 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE,
EDUCATIONAL OR NONPROFIT PROMOTIONS
Status: Withdrawn - Final Process Diagram
Intent: To revise the restrictions related to the use of a student-athlete's name, picture or appearance in
institutional, charitable, educational or nonprofit promotional activities, as specified.
Bylaws: Amend 12.5.1.1, page 78, as follows:
"12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions. A member institution or
recognized entity thereof (e.g., fraternity, sorority or student government organization), a member
conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's
name, picture or appearance to support its charitable or educational activities or to support activities
considered incidental to the student-athlete's participation in intercollegiate athletics, provided the
following conditions are met:
"(a) The student-athlete receives written approval to participate from the institution's president or
chancellor director of athletics (or his or her designee who may not be a coaching staff member), subject
to the limitations on participants in such activities as set forth in Bylaw 17;
"(b) The specific activity or project in which the student-athlete participates does not involve
cosponsorship, advertisement or promotion by a commercial agency, except as follows: other than through
the reproduction of the sponsoring company's officially registered regular trademark or logo on printed
materials such as pictures, posters or calendars. The company's emblem, name, address and telephone
number may be included with the trademark or logo. Personal names, messages and slogans (other than an
officially registered trademark) are prohibited;
"(1) Identification (e.g., graphics, voice over, on-screen text) of the commercial entity must explain
the commercial entity's affiliation with the institution, conference or noninstitutional charitable,
educational or nonprofit agency (e.g., entity is the official sponsor of the institution or event); and
"(2) The appearance or description of the commercial product(s) or service(s) and/or the commercial
entity's logo(s) may be included, but may not exceed 25% of the total promotional activity. Further,
language or action included in the promotion may not directly encourage the use or purchase of the
commercial product or service (e.g., drink this product) with which the commercial entity is
associated;
"(c) The name or picture of a student-athlete with remaining eligibility may not appear on an institution's
printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a
commercial entity is associated if the commercial entity's officially registered regular trademark or logo
also appears on the item;"
[12.5.1.1-(d) through 12.5.1.1-(i) relettered as 12.5.1.1-(c) through 12.5.1.1-(h), unchanged.]
Source: NCAA Division I Board of Directors.
Effective Date: August 1, 2006
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: While technological developments have increased the opportunities for multimedia promotions,
current legislation has limited the potential to partner with commercial entities to advance initiatives such
as educational mission and the value of the student-athlete experience. This proposal would increase the
flexibility to engage in various types of promotions while maintaining the current restrictions on the types
of entities (i.e., institutional, charitable educational, nonprofit) that may use the name, picture or
appearance of a student-athlete. The requirement to have the institution's president or chancellor approve
these promotional activities is not intended to have the president or chancellor approve every promotional
activity. However, the expectation is that the president or chancellor will oversee the activities to ensure
that the institution's obligation to protect the student-athlete from exploitation is balanced with the
institution's need to enhance the mutual benefits derived from a relationship with corporate entities. Both
the requirement to identify the relationship between the commercial and permissible entities and the 25%
limitation serves to maintain the focus of the promotion on the permissible entity. Finally, the principle of
amateurism is sustained through precluding any encouragement of the purchase or use of the product and
the prohibition on any direct endorsement of a student-athlete.
Estimated Budget Impact: Potential for increased revenue.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet opposes Proposal No. 2005-26. The cabinet is
concerned that, as written, the proposal may compromise the "principle" of amateurism and is not
consistent with limitations on the use of the names or pictures of student-athletes in other bylaws (e.g.,
camp brochures). Further, allowing 25 percent of the promotion to include the presence of a commercial
entity will be difficult to calculate consistently among institutions.
Primary Contact Person:
na
History
Aug 08, 2005
Aug 10, 2005
Sep 09, 2005
Jan 08, 2006
; Board of Directors sponsored the proposal.
Submit; Submitted for consideration.
Academics/Eligibility/Compliance Cabinet; See position statement.
Mgmt Council 1st Review; Defeated a motion to initially approve the proposal. (Yea=14, Nay=37, Abstain=0, Not Present=0)
Jan 08, 2006 Mgmt Council 1st Review; Approved a motion for reconsideration of the proposal. (Yea=29.5, Nay=21.5, Abstain=0, Not Present=0)
Jan 08, 2006 Mgmt Council 1st Review; Defeated a motion to initially approve the proposal. (Yea=22.5, Nay=28.5, Abstain=0, Not Present=0)
Jan 08, 2006 Mgmt Council 1st Review, Forward w/o Position; Approved a motion to forward the
Jan 08, 2006
Jan 09, 2006
Mar 12, 2006
Apr 10, 2006
Apr 10, 2006
proposal to the membership for review and comment without taking a formal
position of support or opposition. - (Yea=29.5, Nay=21.5, Abstain=0, Not
Present=0)
Mgmt Council 1st Review; Defeated a motion to forward the proposal to the
membership for review and comment. - (Yea=24, Nay=27, Abstain=0, Not
Present=0)
Comment Period; Start of Comment Period
Comment Period; End of Comment Period; (Official Comment Totals: Support = 1,
Oppose = 12, Abstain = 0)
Mgmt Council 2nd Review, Withdrawn; (Unanamous Voice Vote).
Withdrawn; Withdrawn - Final
Associated
Bylaws
Sel
Bylaw Title
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions.
Get Selected Bylaw s
Associated
Interps
Ed. Column Jan 07, 2006 2 Amateurism -- Promotional Activities -- Institutional,
Charitable, Educational Or Nonprofit Promotions (I)
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
---
2005-99 AMATEURISM -- PROMOTIONAL ACTIVITIES -- PROMOTION BY THIRD PARTY OF
HIGHLIGHT FILM, VIDEOTAPE OR MEDIA GUIDES
Status: Defeated - Final Process Diagram
Intent: To allow institutions to designate a third party to sell photographs of student-athletes in the same
manner as the sale of highlight films and media guides.
Bylaws: Amend 12.5.1.8, pages 80-81, as follows:
"12.5.1.8 Promotion by Third Party of Highlight Film, Videotape, Photographs or Media Guide. Any
party other than the institution or a student-athlete (e.g., a distribution company) may sell
and distribute an institutional highlight film or videotape or an institutional or conference
media guide or photograph that contains the names and pictures of enrolled studentathletes only if:
"(a) The institution specifically designates any agency that is authorized to receive orders
for the film, videotape, photograph or media guide;
[12.5.1.8-(b) unchanged.]
"(c) The distribution company or a retail store is precluded from using the name or
picture of an enrolled student-athlete in any poster or other advertisement to promote the
sale or distribution of the film, photograph or media guide; and
[Remainder of 12.5.1.8 unchanged.]
Source: NCAA Division I Management Council (Big West Conference).
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Many athletics departments contract with individuals to serve as staff photographers. These
individuals provide the photos for media guides, promotional materials, Web site use, etc. In this day and
age of digital photography, many of these photographers have Web sites set up to sell their photographs to
individuals for personal use. These Web sites are controlled by the photographer and are maintained
separately from any institution. Current legislation prohibits the sale of these photos by anyone other than
the member institution. By allowing institutions to specifically designate another party to sell and distribute
photographs from the individual's Web site in a manner similar to that for media guides and highlight films,
institutions can avoid the cost and time involved with funneling the sale of these photographs through the
institution. This legislation would only apply to the sale of photographs (as opposed to any other
commercial item) and is consistent with recent interpretations issued by NCAA Division I Legislative
Review/Interpretations Committee.
Estimated Budget Impact: May save member institutions set up and distribution costs associated with
selling photos for personal use.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet unanimously opposes Proposal No. 2005-99. It is
appropriate for the institution to maintain control over the sale of photographs of student-athletes. Studentathletes should not be used by a third party in for-profit ventures because it may be perceived as
exploitative.
Primary Contact Person:
Erica Satterfield, Assistant Commissioner
Big West Conference
2 Corporate Park
Suite 206
Irvine, CA 92606
Phone: 949/261-2525 Email: [email protected]
History
Jul 14, 2005 Submit; Submitted for consideration.
Sep 09, 2005 Academics/Eligibility/Compliance Cabinet; See position statement.
Jan 08, 2006 Mgmt Council 1st Review, Approved - (Yea=33.5, Nay=17.5, Abstain=0, Not
Present=0)
Jan 08, 2006 Mgmt Council 1st Review; Defeated a proposed amendment to limit the sale of
photographs to student-athletes only. - (Yea=2, Nay=48, Abstain=1, Not
Present=0)
Jan 09, 2006 Comment Period; Start of Comment Period
Mar 12, 2006 Comment Period; End of Comment Period; (Official Comment Totals: Support = 10,
Oppose = 10, Abstain = 0)
Apr 10, 2006 Mgmt Council 2nd Review, Defeated - (Yea=17, Nay=32, Abstain=0, Not
Present=2)
Apr 10, 2006 Defeated; Defeated - Final
Associated
Bylaws
Sel
Bylaw Title
12.5.1.8 Promotion by Third Party of Highlight Film, Videotape or Media Guide.
Get Selected Bylaw s
Associated Interps
No interps found
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
--2007-4 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE,
EDUCATIONAL OR NONPROFIT PROMOTIONS -- DE MINIMIS VIOLATIONS -- WRITTEN
APPROVAL
Status: Adopted - Final Process Diagram
Intent: To specify that a violation of the promotional activities legislation in which the only condition of
the legislation not satisfied is the failure to obtain written approval from the director of athletics (or his or
her designee who may not be a coaching staff member) shall not affect the student-athlete's eligibility,
provided the approval would have been granted if requested.
Bylaws: Amend 12.5.1.1, as follows:
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized
entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a
noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or
appearance to support its charitable or educational activities or to support activities considered incidental to
the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
[12.5.1.1-(a) through 12.5.1.1-(i) unchanged.]
[12.5.1.1.1 through 12.5.1.1.3 unchanged.]
12.5.1.1.4 Improper Use of Student-Athlete's Name or Picture Effect of Violations. If an institution,
without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or
picture in a manner contrary to Bylaw 12.5.1.1, the violation shall be considered an institutional violation;
however, the student-athlete's eligibility shall not be affected. In addition, a violation of Bylaw 12.5.1.1
related to any permissible promotional activity in which the only condition of the legislation not
satisfied is the failure to obtain written approval from the director of athletics (or his or her designee
who may not be a coaching staff member) shall be considered an institutional violation; however, the
student-athlete's eligibility shall not be affected, provided the approval would have been granted if
requested.
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Committee on Student-Athlete
Reinstatement).
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Currently, in a case in which a student-athlete is involved in a permissible promotional activity,
even if all other conditions of the legislation are satisfied, if the director of athletics (or designee) did not
provide written approval prior to the activity, the student-athlete's eligibility is affected. When violations
are currently reported, if all other conditions of the legislation are satisfied and the director of athletic (or
designee) would have granted approval, the student-athlete's eligibility is reinstated without conditions. In
an effort to decrease bureaucracy, the legislation should be amended to specify that such violations do not
affect the student-athlete's eligibility. Institutions will still be required to report such violations to the
NCAA enforcement staff. This provision will apply to all permissible promotional activities, including
institutional and noninstitutional charitable, educational or nonprofit promotions. This change is requested
as noncontroversial legislation, inasmuch as broader consultation and debate are unlikely to improve the
proposal in any substantial way, significant disagreement or alternative points of view will not be generated
and there does not appear to be a significant impact on existing legislation or proposed legislation.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
History
Dec 06, 2006 Submit; Submitted for consideration.
Dec 07, 2006 Student-Athlete Reinstatement Committee, Recommends Approval
Feb 14, 2007 Academics/Eligibility/Compliance Cabinet; Requested Management Council
consider approval as noncontroversial legislation.
Apr 16, 2007 Mgmt Council 1st Review, Approved; (Unanimous Voice Vote.)
Apr 16, 2007 Mgmt Council 1st Review, Supported as Noncontroversial/Emergency Legislation;
(Unanimous Voice Vote.)
Apr 26, 2007 Board Consideration, Adopted
Apr 27, 2007 Adopted, Override Period; Start of Override Period
Jun 25, 2007 Adopted, Override Period; End of Override Period
Jun 25, 2007 Adopted; Adopted - Final
Associated
Bylaws
Sel
Bylaw
12.5.1.1
Title
Institutional, Charitable, Education or Nonprofit Promotions.
12.5.1.1.4 Effect of Violations.
Get Selected Bylaw s
Associated Interps
No interps found
Associated Proposals
No related proposals found
Associated ARS Cases
No ARS cases found
---
2007-25 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE,
EDUCATION OR NONPROFIT PROMOTIONS -- COSPONSORSHIP AND SALE OF
PHOTOGRAPHS
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that a permissible promotional activity may involve co-sponsorship by a commercial
entity, as approved by the institution, subject to the following conditions: (a) The promotion must identify
the commercial entity and explain its affiliation with the institution, conference or noninstitutional
charitable, educational or nonprofit agency; (b) The promotion may not include language or action (e.g.
voice-over, use of product of services, product placement, text) which directly encourages the use or
purchase of a commercial product or service; (c) A co-sponsor's product or service may not be included in
the promotional activity, except for the normal use of athletics equipment and apparel; and (d) The
promotion may not include co-sponsorship by a commercial agency that is involved in or promotes sports
wagering activities. Further, to eliminate the requirement that all moneys derived from a promotional
activity go directly to the institution or conference or to the charitable, educational or nonprofit agency. In
addition, to permit promotional activities to occur at the location of a commercial establishment, which
may be a co-sponsor of the activity, provided the student-athlete does not promote the sale of a commercial
product or service. Finally, to permit an institution to designate a third party that may sell and distribute
institutional photographs of student-athletes, under specified conditions.
Bylaws: Amend 12.5.1, as follows:
12.5.1 Permissible.
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized
entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a
noninstitutional charitable, educational or nonprofit agency may use feature a student-athlete's name,
picture, likeness or appearance to support its charitable or educational activities or to support activities
considered incidental to the student-athlete's participation in intercollegiate athletics, provided the
following conditions are met:
(a) The student-athlete receives written approval to participate from thepromotional activity must be
approved by the institution's director of athletics (or his or her designee who may not be a coaching staff
member), subject to the limitations on participants in such activities as set forth in Bylaw 17;
(b) The specific promotional activity or project in which the student-athlete participates does not may
involve co-sponsorship, advertisement or promotion by a commercial agency entity, as approved by the
institution, subject to the following conditions: other than through the reproduction of the sponsoring
company's officially registered regular trademark or logo on printed materials such as pictures, posters or
calendars. The company's emblem, name, address and telephone number may be included with the
trademark or logo. Personal names, messages and slogans (other than an officially registered trademark)
are prohibited;
(1) The promotion must identify (e.g., via graphics, voice over, text the commercial entity and explain
its affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit
agency (e.g., entity is the official sponsor of the institution or event);
(2) The promotion may not include language or action (e.g., voice-over, text) which directly
encourages the use or purchase of a commercial product or service;
(3) A co-sponsor's product or service may not be included in the promotional activity, except for the
normal use of athletics equipment and apparel; and
(4) The promotion may not include co-sponsorship by a commercial agency that is involved in or
promotes sports wagering activities.
(c) The name or picture of a student-athlete with remaining eligibility may not appear on an institution's
printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a
commercial entity is associated if the commercial entity's officially registered regular trademark or logo
also appears on the item;
(dc) The student-athlete does shall not miss class;
(e) All moneys derived from the activity or project go directly to the member institution, member
conference or the charitable, educational or nonprofit agency;
[12.5.1.1-(f) relettered as 12.5.1.-(d), unchanged.]
(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of
any nonprofit agency;
(he) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than
highlight films, photographs or media guides per Bylaw 12.5.1.8 ) may be sold only at the member
institution at which the student-athlete is enrolled, the institution's conference, institutionally controlled
(owned and operated) outlets or outlets controlled by the charitable , or educational or nonprofit
organization (e.g., location of the charitable or educational organization, site of charitable event during the
event). Items that include an individual student-athlete's name, picture or likeness (e.g., name on jersey,
name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards,
institutional publications), may not be sold; and
[12.5.1.1-(i) relettered as 12.5.1.1-(f), unchanged.]
12.5.1.1.1 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or
third part acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)]
may use feature the name or picture of an enrolled student-athlete to generally promote NCAA
championships or other NCAA events, activities or programs.
12.5.1.1.2 Promotions Involving Commercial Locations/Sponsors. A member institution or a charitable,
educational or nonprofit organization may use feature the appearance, name or picture of an enrolled
student-athlete to promote generally its fundraising activities at the location of a commercial establishment,
provided the commercial establishment is not which may be a co-sponsor of the event activity, provided
and the student-athlete does not promote the sale of a commercial product or service in conjunction with
the fundraising activity. A commercial establishment would become a co-sponsor if the commercial
establishment either advertises the presence of the student-athlete at the commercial location or is involved
directly or indirectly in promoting the activity.
[12.5.1.1.3 through 12.5.1.1.4 unchanged.]
[12.5.1.2 through 12.5.1.3 unchanged.]
12.5.1.4 Commercial Advertisement. It is permissible for a student-athlete's name or picture, or the group
picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial
product or service, provided:
[12.5.1.4-(a) through 12.5.1.4-(e) unchanged.]
12.5.1.4.1 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes
the name or picture of a student-athlete may include language other than the commercial product's name,
trademark or logo, provided the commercial language does not appear on the same page as the picture of
the student-athlete.
[12.5.1.5 through 12.5.1.7 unchanged.]
12.5.1.8 Promotion by Third Party of Highlight Film, Videotape, Photographs or Media Guide. Any party
other than the institution or a student-athlete (e.g., a distribution company) may sell and distribute an
institutional highlight film or videotape or an institutional or conference media guide or photograph that
contains the names and pictures of enrolled student-athletes only if:
(a) The institution specifically designates any agency that is authorized to receive orders for the film,
videotape, photograph or media guide;
[12.5.1.8-(b) unchanged.]
(c) The distribution company or a retail store is precluded from using the name or picture of an enrolled
student-athlete in any poster or other advertisement to promote the sale or distribution of the film,
photograph or media guide; and
(d) There is no indication in the makeup or wording of the advertisement that the squad members,
individually or collectively, or the institution endorses the product or services of the advertiser.
[12.5.1.8-(d) unchanged.]
[Remainder of 12.5.1 unchanged.]
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and
Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: The elimination of the requirement that the appearance of a commercial co-sponsor be limited
to the reproduction of the sponsoring company's officially registered regular trademark or logo does not
open the door to elaborate advertisements. It simply deregulates an outdated and often confusing standard.
The current legislation addresses this limitation in the context of printed items. Interpretations were
necessary to extend the limitation to other media. The requirement that the relationship between the
institution and the commercial co-sponsor must be explained in the promotional activity will further the
protection of the student-athlete from commercial exploitation. It also is important that the relationship or
affiliation of the commercial co-sponsors with the institution, conference or noninstitutional charitable,
education or nonprofit entity be explained as a part of the promotional activity. In activities that have
multiple commercial co-sponsors, a common relationship or affiliation need not be explained separately for
each commercial co-sponsor. Further, the product or service of a co-sponsor may not be included in the
promotional activity, except for the normal use of athletics equipment and apparel. Athletics apparel and
equipment manufacturers that support an institution's athletics program should be allowed to be recognized
as sponsors when the apparel or equipment is in normal use in an athletics context.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
History
Jun 12, 2007 Submit; Submitted for consideration.
Jun 13, 2007 Academics/Eligibility/Compliance Cabinet, Sponsored
Associated
Bylaws
Sel
Bylaw
12.5.1.1
Title
Institutional, Charitable, Education or Nonprofit Promotions.
12.5.1.1.1 Promotions Involving NCAA Championships, Events, Activities or
Programs.
12.5.1.1.2 Promotions Involving Commercial Locations/Sponsors.
12.5.1.4
Commercial Advertisement.
12.5.1.4.1 Schedule Cards.
12.5.1.8
Promotion by Third Party of Highlight Film, Videotape or Media Guide.
Get Selected Bylaw s
Associated Interps
No interps found
Associated Proposals
No related proposals found
Associated ARS Cases
No A
2007-26 AMATEURISM -- PERMISSIBLE AND NONPERMISSIBLE PROMOTIONAL
ACTIVITIES -- COMMERCIAL ADVERTISEMENT OR PROMOTION
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that an advertisement or promotion by a commercial entity (except for any entity that is
involved in or promotes sports wagering) may feature competition video footage, competition audio or
competition photographs involving a student-athlete with eligibility remaining, provided: (a) The
advertisement or promotion is approved by the institution's athletics director (or his or her designee); (2)
The advertisement or promotion identifies the commercial entity and explains its affiliation with the
institution, conference or the NCAA; and (3) Any language or action included in the advertisement or
promotion which directly encourages the use or purchase of a commercial product or service of the
commercial entity may not be attributable to or made by the student-athletes, institution, conference or the
NCAA.
A. Bylaws: Amend 12.5.1.4, as follows:
12.5.1.4 Commercial Advertisement or Promotion. It
is permissible for a student-athlete's name
or picture, or the group picture of an institution's athletics squad, to appear in an
advertisement of a particular business, commercial product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's
congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the
business is associated or any other item or description identifying the business or service
other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad
members, individually or collectively, or the institution endorses the product or service of
the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the
student-athlete's name or picture in a manner inconsistent with the requirements of this
section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction
with participation in a member institution's promotional activities and the advertisement
involves the announcement of receipt of the prize, the receipt of the prize is consistent
with the provisions of Bylaw 12.5.2.3.3 and official interpretations approved by the
Management Council.
An advertisement or promotion by a commercial entity (except for any entity that is involved in or
promotes sports wagering) may feature competition video footage, competition audio or competition
photographs involving a student-athlete with eligibility remaining, provided the following conditions
are met:
(a) The advertisement or promotion must be approved by the institution's athletics director (or his or
her designee, who shall not be a coaching staff member);
(b) The advertisement or promotion must identify (e.g., via graphics, voice-over, text) the commercial
entity and explain its affiliation with the institution, conference or the NCAA (e.g., entity is the
official sponsor of the institution or event); and
(c) Any language or action (e.g., voice-over, use of product or service, text) included in the
advertisement or promotion that directly encourages the use or purchase of a commercial product or
service of the commercial entity may not be attributed to or made by the student-athletes, institution,
conference or the NCAA.
12.5.1.4.1 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes
the name or picture of a student-athlete may include language other than the commercial product's name,
trademark or logo, provided the commercial language does not appear on the same page as the picture of
the student-athlete.
B. Bylaws: Amend 12.5.2, as follows:
12.5.2 Permissible
12.5.2.1 Advertisement and Promotions Subsequent to Enrollment. After becoming a student-athlete, an
individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend
or promote directly the sale or use of a commercial product or service of any kind, except as permitted in
Bylaw 12.5.1.4, or
[Remainder of 12.5.2.1 unchanged.]
12.5.2.2 Use of a Student-Athlete's Name or Picture without Knowledge or Permission. If a studentathlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing
cards, posters) or is used to promote a commercial product sold by an individual or agency without the
student-athlete's knowledge or permission (or the institution's approval as permitted in Bylaw 12.5.1.4),
the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop
such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not
required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private
photographer, news agency) for private use.
[Remainder of 12.5.2 unchanged.]
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and
Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: This proposal addresses the appearance of the name, image or likeness of student-athletes in
commercial advertisements or promotions by sponsors with whom institutions, conferences or the NCAA
have an affiliation. The proposal was developed in the spirit of balancing the importance of commercial
sponsors in maintaining a comprehensive athletics program and the importance of protecting studentathletes from being exploited by commercial entities. The appearance of student-athletes' names, pictures or
likenesses in competition video footage, audio or pictures does not create a direct endorsement of
commercial products or services. The ability to allow such advertisements or promotions provides an
institution, conference or the NCAA greater flexibility in developing relationships with commercial entities
that benefit the athletics program, while remaining cognizant of the principle prohibiting commercial
exploitation of student-athletes. Further, the increased flexibility may increase the ability of an institution
(or conference or the NCAA) to strengthen its relationship with commercial sponsors and increase the
ability of institutions to support a comprehensive athletics program or the programming of the conference
and the NCAA. The limitation on the use of student-athletes' names, pictures or likenesses to competition
footage, audio, or photographs will protect student-athletes' time and continue to prohibit direct
endorsements by student-athletes.
Estimated Budget Impact: Potential for increased revenue.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
History
Jun 12, 2007 Submit; Submitted for consideration.
Jun 13, 2007 Academics/Eligibility/Compliance Cabinet, Sponsored
Associated
Bylaws
Sel
Bylaw
12.5.1.4
Title
Commercial Advertisement.
12.5.1.4.1 Schedule Cards.
12.5.2
Nonpermissible.
12.5.2.1
Advertisements and Promotions After Becoming a Student-Athlete.
12.5.2.2
Use of a Student-Athlete's Name or Picture without Knowledge or
Permission.
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2007-28 AMATEURISM -- PROMOTIONAL ACTIVITIES -- MEDIA ACTIVITIES -- USE OF A
STUDENT-ATHLETE'S NAME, IMAGE OR LIKENESS TO PROMOTE COVERAGE OF
COMPETITION
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that a media entity may feature a student-athlete's name, image or likeness in
promotions of its coverage of intercollegiate competition in which the student-athlete's institution will or
may participate, or has previously participated, provided such use is limited to competition video footage,
competition audio or competition photographs; further, to specify that media entities may feature a studentathlete's name, image, or likeness in their journalistic coverage of news (and the promotion of such
coverage) related to the student-athlete or his or her institution or conference or the NCAA.
Bylaws: Amend 12.5.3, as follows:
12.5.3 Media Activities.
(a) 12.5.3.1 During the Playing Season. During the playing season, a student-athlete may appear on radio
and television programs (e.g., coaches shows) or engage in writing projects when the student-athlete's
appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete
does not receive any remuneration for the appearance or participation in the activity. The student-athlete
shall not make any endorsement, expressed or implied, of any commercial product or service. The studentathlete may, however, receive actual and necessary expenses directly related to the appearance or
participation in the activity. A student-athlete participating in media activities during the playing season
may not miss class, except for class time missed in conjunction with away-from-home competition or to
participate in a conference-sponsored media day.
(b) 12.5.3.2 Outside the Playing Season. Outside the playing season, a student-athlete may participate in
media activities (e.g., appearance on radio, television, in films or stage productions or participation in
writing projects) when such appearance or participation is related in any way to athletics ability or prestige,
provided the student-athlete is eligible academically to represent the institution and does not receive any
remuneration for such appearance or participation. The student-athlete may not make any endorsement,
expressed or implied, of any commercial product or service. The student-athlete may, however, receive
legitimate and normal expenses directly related to such appearance or participation, provided the source of
the expenses is the entity sponsoring the activity.
12.5.3.3 Use of a Student-Athlete's Name, Image or Likeness by a Media Entity to Promote Coverage
of an Intercollegiate Competition. A media entity, or its unauthorized distributor, may feature a
student-athlete's name, image or likeness in promotions of its coverage of intercollegiate competition
in which the student-athlete's institution will or may participate, or has previously participated. Use
of a student-athlete's name, image or likeness in such promotions is limited to competition video
footage, competition audio or competition photographs. Media entities may feature a studentathlete's name, image, or likeness in the course of their journalistic coverage of news (and the
promotions of such coverage) related to the student-athlete or his or her institution or conference or
the NCAA.
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and
Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: With the growth of media entities and their coverage of intercollegiate athletics events, it is
important to clarify the permissible use of student-athletes' names, pictures or likenesses in such
promotions. This proposal does not significantly change the current standard, but codifies the typical
manner in which the broadcasts of intercollegiate competition may be promoted using the names,
likenesses and photographs of student-athletes with eligibility remaining. The restriction of the use of
student-athletes' names, pictures or likenesses to competition video footage, competition audio or
competition photographs ensures that no additional student-athlete time will be spent in these promotional
activities. It should be noted that it will remain permissible for news media to use the name and likeness of
a student-athlete in the context of promoting its journalistic coverage of a competition, story or interview
involving the student-athlete. Such use of a student-athlete's name or likeness traditionally has been
considered to be informational and not intended to promote the use of the news media's products or
services. Additional student-athlete involvement in media activities, such as in-game interviews or stories
remains permissible and is specifically addressed in existing legislation.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: Would preclude time taken for promotions of contests or events.
Primary Contact Person:
na
History
Jun 12, 2007 Submit; Submitted for consideration.
Jun 13, 2007 Academics/Eligibility/Compliance Cabinet, Sponsored
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Bylaw Title
12.5.3 Media Activities.
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