I. STATEMENT OF POLICY
The following policy ("Policy") is intended to provide guidance for University of Wisconsin-Madison ("University") student-athletes, coaches and staff around use of a student-athlete’s name, image and/or likeness for commercial purposes. This document provides definitions and regulations relating to use of a student-athlete’s name, image and/or likeness at the University. A student-athlete’s failure to comply with this Policy may result in penalties imposed by the NCAA and/or the University that could impact the student-athlete’s eligibility to participate in intercollegiate athletics and maintain an athletics scholarship. This Policy is subject to change.
II. DEFINITIONS
A. Name, Image, and Likeness. Name, image and/or likeness ("NIL") are the three components of a person’s "right of publicity." These are independent or collectively identifiable aspects of a person that make them unique, including but not limited to, their name, image, likeness, nickname, signature, social media account, any symbol, name, or design that readily identifies them or any combination thereof.
B. Student-Athlete. A student-athlete is a student whose enrollment was solicited by a member of the athletic staff or other representative of athletics’ interests with a view toward the student’s ultimate participation in the intercollegiate athletics program at the University. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the University’s Athletics Department. A student is not deemed a student-athlete solely on the basis of prior high school athletics participation. For purposes of this Policy, a student-athlete must be eligible under any applicable state and/or federal NIL legislation to participate in NIL activities.
C. Official Team Activities. "Official Team Activities" means all games, practices, exhibitions, scrimmages, meetings, team appearances, team photograph sessions, sports camps sponsored by the University, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.
E. Prohibited Sponsorship Category. "A Prohibited Sponsorship Category" is any sponsorship agreement in certain product categories, with specific entities and/or with identified individuals that are in conflict with existing University contracts, University policy or for any other reason determined in good faith by the University. Prohibited Sponsorship Categories include, but are not limited to, sponsorships that: (1) adversely affect the University’s reputation; (2) appear to create an endorsement by the University of a particular company, product, political candidate or position regarding public policies; (3) are considered to contain obscene, indecent or profane material; (4) ridicule, exploit or demean persons on the basis of their age, color, creed, physical or mental disability, physical appearance, national origin, citizenship, veteran status, marital status, race, religion, sex, sexual orientation, gender or gender identity; (5) promote tobacco products; (6) promote NCAA banned and/or illegal substances; or (7) promote sports wagering. For additional information regarding University Sponsorship Policy and Prohibited Sponsorship Categories, see https://policy.wisc.edu/library/UW-204.
III. STUDENT-ATHLETE’S COMPENSATION & RIGHTS / UNIVERSITY RESPONSIBILITIES
A. Student-athletes at the University may earn compensation for use of her, his or their name, image, and/or likeness for a commercial purpose when the student-athlete is not engaged in Official Team Activities. In accordance with NCAA regulations, compensation for a student-athlete’s name, image, and/or likeness must be for work actually performed. All financial ramifications and tax implications related to student-athlete compensation for use of her, his or their name, image, and/or likeness are the responsibility of the student-athlete. University employees, including athletics coaching staff, shall not be liable for any damages to a student-athlete’s ability to earn compensation through a name, image, or likeness agreement resulting from decisions and actions routinely taken in the course of intercollegiate athletics.
B. An athletics scholarship, including cost of attendance, from the University is not compensation for use of a student-athlete’s name, image, and/or likeness. An athletics scholarship awarded to a student-athlete by the University will not be revoked or reduced solely as a result of a student-athlete earning compensation for use of the student-athlete’s name, image, and/or likeness or obtaining professional representation in a manner that complies with this Policy.
C. In accordance with NCAA rules regarding recruiting inducements and pay-for-play, compensation may not be provided to a student-athlete for athletic performance or attendance at the University.
D. Student-athletes involved in NIL activities remain obligated to comply with all NCAA, Big Ten, University and Athletics academic standards, requirements, regulations or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to UW-Madison students.
E. A student-athlete’s Pell Grant, federal aid and/or other need-based aid may be impacted by their NIL activities. Student-athletes may contact the Office of Student Financial aid for information. https://financialaid.wisc.edu
F. The University, including its athletics department, and staff members may not compensate or arrange for compensation to be paid to a current or prospective student-athlete for her, his or their name, image, and/or likeness. In addition, neither the University, the athletics department, nor any staff member may be involved in the development or operation of a current or prospective student-athlete’s name, image, and/or likeness activity.
G. The University’s athletics department will provide education to its student-athletes regarding name, image, and/or likeness activities including, but not limited to, providing educational programming on name, image, and/or likeness and associated regulations, assisting with compliance and disclosure expectations, and serving as a resource by providing information on various name, image, and/or likeness matters.
H. A student-athlete may identify themselves as a student-athlete at the University while engaging in activities for which they will receive compensation for use of their name, image, and/or likeness. Student-athletes will only be allowed to use University trademarks, logos, symbols, phrases, slogans, or any other University intellectual property to further the student-athlete’s opportunities to earn compensation for use of her, his or their name, image, and/or likeness, if those rights have been secured through either Badger Sports Properties or the University’s Office of Trademark Licensing ("OTL"). Licensing agreements pertaining to retail products may be sourced through the OTL, to the extent the desired rights are available, and are appropriate in the judgment of that Office.
I. Unless rights to use University trademarks, logos, symbols, phrases, slogans, or any other University intellectual property have been secured through Badger Sports Properties, Student-athletes will not be allowed to utilize Athletic Department facilities while engaging in activities for which they will receive compensation for use of their name, image, and/or likeness. Standard rental rates will apply. With the exception of Athletic Department facilities, student-athletes will not be permitted to use other University facilities/property for NIL activities.
J. Student-athletes will not be permitted to enter into contracts for use of their name, image, and/or likeness in any Prohibited Sponsorship Category unless prior approval is received. The list of Prohibited Sponsorship Categories may be updated from time to time by the University. In the event a student-athlete enters into a commercial relationship in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such relationship.
K. Student-athletes will not be permitted to enter into contracts for use of their name, image, and/or likeness involving a commercial product or service that conflicts with one of the University’s "Team Contracts." "Team Contracts" are University contracts which provide that student-athletes are to utilize certain equipment and other goods while representing the University or one of its teams. As a result, student-athletes may not engage in name, image, and/or likeness activities that requires the student-athlete to use, wear, or display a competing brand to that of a University "Team Contract" while the student-athlete is participating in Official Team Activities.
L. A student-athlete who enters into a deal and/or contract providing compensation to the student-athlete for use of her, his or their name, image, and/or likeness is required to disclose the deal and/or contract in Opendorse, to the UW Athletic Compliance Office, or through a form provided by the University.
M. In accordance with NCAA regulations, a student-athlete may obtain professional representation (agent or attorney) for advice, contract representation, and the marketing of her, his or their name, image, and/or likeness, so long as the professional representation is NOT representing the student-athlete in securing professional athletic opportunities. Any athlete-agent, advisor, attorney or similar representative representing a University of Wisconsin-Madison student-athlete for purposes of securing compensation for the use of her, his or their name, image, and/or likeness, must comply with all applicable state and federal laws and regulations regarding athlete-agents and similar representatives. An attorney representing a student-athlete for purposes of securing compensation for the use of her, his or their name, image, and/or likeness must be a member in good standing of a state bar association. Parents, siblings, grandparents, spouses, and legal guardians of a student-athlete who represent the intercollegiate athlete for the purpose of securing compensation for the use of the student-athlete’s name, image, or likeness are not considered to be athlete agents for the purposes of this Section K, and are not subject to the requirements for athlete-agents.
IV. CONTACT
Please direct all inquiries regarding this policy to NIL@athletics.wisc.edu.
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