The Division I Academics/Eligibility/Compliance Cabinet sponsored three pieces of legislation in the 2007-08 cycle designed to update NCAA rules about how student-athletes’ names, images and likenesses are used to promote institutions, conferences, athletics programs and intercollegiate athletics in general.
The issue of student-athlete likenesses in promotions has been on the cabinet’s agenda for some time, and in December, the Association announced the formation of a presidential task force to study the issue even further.
The AEC-sponsored legislation, recommended by a working group composed of members of the AEC agents and amateurism subcommittee and other marketing and compliance experts from the membership, is designed to provide greater flexibility for institutions and associated nonprofit groups. It also would allow for easier and more consistent application of the rules and provide opportunities for strong relationships between member institutions and conferences and corporate and media partners that share the values of the Association.
The proposals prohibit the direct endorsement of a product or service by a student-athlete and retain institutional control over the use of student-athletes’ names, images and likenesses.
Critics of the measures believe the legislation could escalate the over-commercialization of intercollegiate athletics and could exploit student-athletes for an institution’s financial gain.
The three proposals will receive an initial review by the Division I Management Council at its January meeting in Nashville, and members can take one of several courses of action for each proposal: forward the legislation to the Board of Directors with a recommendation for approval, send the proposal out for further membership comment or defeat it.
At the time the presidential task force was announced, officials said the Management Council would be asked to table Proposal No. 07-26, which would allow the names or likenesses of current student-athletes to appear in commercial promotions through competition footage, audio or photographs, for further evaluation.
Still under consideration are:
• Proposal No. 07-25, which requires promotions for institutions, charities, educational entities or nonprofits to identify the connection with the sponsor and to not directly encourage use or sale of a product or service. However, it does allow the appearance of a product within its normal use (for example, a Nike-sponsored poster depicting a soccer team wearing Nike uniforms).
• Proposal No. 07-28, which allows a media entity to feature a student-athlete’s name, image or likeness in promoting the coverage of a competition in which the student-athlete’s institution will or may participate or has previously participated. Again, the appearance is limited to pre-existing video, audio or photographs.
Above: Under current NCAA rules, Nike could not sponsor this poster because the team is shown with Nike soccer balls and wearing uniforms that exhibit Nike logos. Proposed legislation would allow Nike’s sponsorship because the products are displayed in their normal use.