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Student-Athlete Name, Image & Likeness

NIL FAQ

"Name, Image, and Likeness" or "NIL" is a common phrase used to refer to an individual’s rights of publicity - the ability to control and use one’s own unique identity for commercial promotion.

Per Colorado law (PDF), student-athletes are permitted to earn compensation from using their NIL, or allowing a non-institutional third party to do so, without harming their intercollegiate eligibility or athletics scholarship. 
 
A permissible NIL activity is like a job: a quid pro quo agreement in which value is exchanged between the student-athlete and a non-institutional third party. The student-athlete earns the compensation by performing a service or otherwise providing value to a third party (a business, a collective or a person). It is up to the third party to determine fair market value of the transaction. 

This exchange of value may include, but is not limited to, transactional activities like endorsements and sponsorships, publicity activities such as appearances, autograph sessions or monetizing a YouTube channel as well as entrepreneurial ventures like selling merchandise, conducting sports camps, or operating their own product or service-based business. 

Instead of legislation, the NCAA issued an Interim Policy directing schools located in a state with an active NIL law to follow those regulations in place of NCAA rules when governing  student-athletes’ rights of publicity. Schools without a state law were able to create institutional rules.

The NCAA Interim Policy includes two guidelines for all NCAA institutions:

  • NIL is not “Pay for Play” : a student-athlete may not receive compensation because of their athletic participation or performance
    • Although success on the playing surface may enhance a student-athlete's NIL market value, remuneration may not be contingent upon athletic achievement 
  • NIL may not be used as a recruiting inducement: a prospective or current student-athlete may not receive compensation or pre-arranged NIL deals in exchange for their commitment, attendance, initial or continued enrollment at an institution

 CO Senate Bill 20-123 went into effect on July 1, 2021, allowing student-athletes to earn compensation from their name, image and likeness

  • Student-athletes are required to report any NIL deal within 72 hours of “entering the contract” or before their next scheduled competition, whichever occurs first
    • This requirement applies to all NIL-related activities, regardless of the formality of the agreement (oral, written, signed, etc.) and the amount of remuneration involved

 

Because each state law (or institutional policy) is different, schools are currently operating under different rules- what is allowed at one school may or may not be allowed at another

Noninstitutional Third Parties

Any business, “collective” or individual may engage in NIL activities with our student-athletes as long as value is exchanged between both parties.

It is up to you, the noninstitutional third party, to determine the fair market value of the transaction. 

Student-Athletes

Participation in NIL activities is a personal choice for all current, domestic student-athletes. 

NIL activities can involve one student-athlete, a group of student-athletes from the same team (i.e., football linebackers or track & field sprinters) or a group of student-athletes from many different teams (based on hobbies, interests, hometowns, majors, etc.).

These Buffs are engaging in an NIL activity as an individual, separate from their CU student-athlete capacity. Individual NIL activities do not supersede team rules and responsibilities. Student-athletes may not “contract out of” CU, Pac-12 or NCAA requirements and commitments. Student-athletes may not promote, execute or engage in NIL activities during official team time.

A student-athlete may not sell items provided to them by the institution, conference or NCAA (awards, apparel, equipment, gear) until the student-athlete has exhausted or forfeited their intercollege eligibility. Similarly, a student-athlete may not include their complimentary admissions to home CU Athletics events in an NIL deal.

International Student-Athletes

  • Under federal law, international students are heavily restricted in the type of employment activities that they are allowed to engage in while in school outside of their home country
  • Presently, the Student and Exchange Visitor Program, part of the United States Immigration and Customs Enforcement agency, has not issued any modifications to its stance that, under the Immigration and Nationality Act, accepting goods and services may constitute “active income” and performing promotional and marketing services may be considered “employment” in violation of Student Visa stipulations
  • We work closely with International Student & Scholar Services to protect our student-athletes and to stay up to date with any potential changes to these restrictions

 

Prospective student-athletes (recruits) should consult their state law and/or high school athletics association with questions pertaining to NIL compensation and high school athletics eligibility. The requirement and/or process of PSAs disclosing NIL activities upon committing to CU or upon initial full-time enrollment is to be determined based on the outcomes of the NCAA Amateur Review Process.

University of Colorado

Generally, an NIL agreement mirrors a business-to-business transaction, with the student-athlete is acting in their individual capacity. Neither the University of Colorado nor Athletics Department are parties to student-athlete NIL contracts. 

Individual University employees (professors, faculty, campus and Athletics Department staff, etc.) may register with the Exchange and conduct business  with student-athletes in the same manner as all other registrants, provided any resulting agreement is made in good faith of not attempting to circumvent NCAA legislation associated with impermissible inducements and/or extra benefits.

Under state law, CU student-athletes may obtain professional and legal representation by an “athlete advisor” without jeopardizing their intercollegiate athletics eligibility

  • This professional service provider (PSP) is an individual who provides services to a student-athlete related exclusively to their NIL activities and may include, but is not limited to, a brand manager, marketing consultant, tax advisor or public relations agent
  • Legal representation may only be provided by a licensed attorney
  • Per NCAA Bylaw 12.3.1, a student-athlete shall be ineligible for intercollegiate participation should they agree (orally or in writing) to be represented by an agent for the purpose of marketing athletics ability or reputation in their sport
  • Student-athletes may enter into an agreement with an athlete advisor for the sole purpose of NIL activities
    • Working with a PSP who represents the student-athlete in professional sport contract negotiations or for the purpose of securing professional sports opportunities will be considered an impermissible “athlete agent” and such relationship will render the student-athlete ineligible

 

To register as a student-athlete professional service provider, please contact abbey.shea@colorado.edu

If you would like to share your industry expertise with our student-athletes through our Buffs With a Brand education and developmental programming, please contact lauren.unrein@colorado.edu

Intellectual Property 

Photographs, non-competition film and other digital productions that are produced and/or owned by CU Athletics may only be used by student-athletes in a personal, editorial capacity and are not to be used by noninstitutional third parties without permission. 

The Pac-12 Network partners with Vertione to provide student-athletes access to game footage and highlights for commercial use in conjunction with NIL deals pursued with third party commercial entities. 

CU Athletics Trademark & Licensing

A student-athlete granting a noninstitutional third party the right to use their NIL does not extend or include the ability to use the marks and logos of CU Boulder, the Pac-12 Conference, the NCAA or other protected marks incidental to their intercollegiate athletic participation (i.e., the Nike Swoosh on a CU jersey) unless the entity is a licensee who secures approval through the Co-Branding or Group Licensing processes. 

The purpose of the University of Colorado licensing program is to protect the name and marks of the University and to enhance the image of the University through the approval of the use of the marks by licensees who adhere to University standards. The marks of the University of Colorado are controlled under a licensing program administered by Collegiate Licensing Company. Any use of these marks or symbols requires advance written approval from CLC.

CU Boulder Art Sheet

CU x Student-Athlete NIL Co-Branded Licensing

CU Boulder may choose to permit Licensees to use CU marks in combination with one or multiple student-athletes’ NIL, subject to approval by all parties, for the purpose of creating and selling co-branded or group licensed consumer goods and services. 

  • A Licensee must first apply to add NIL co-branded rights to their CU Boulder license through CLC
    • Each co-branded proposal will be reviewed and evaluated by the University on an individual bases through CU Athletics Trademarks & Licensing
  • Licensees are responsible for negotiating all terms and conditions directly with a student-athlete or their authorized representative pertaining to the use of the student-athlete's NIL
    • Neither CU Boulder nor CLC will undertake negotiations related to individual student-athlete NIL. Neither party will be involved in the administration of royalties or other compensation due to a student-athlete

CU reserves the right to decline any such co-branded proposal, including any submission it deems to be in conflict with any University program. CU Boulder makes no express or implied warrant that a co-branded item will be commercially successful and disclaims any liability arising out of the manufacture, sale or distribution of co-branded goods or services. 

CU NIL Brand Guide

Contact Licensing@colorado.edu 

 

NIL OPPORTUNITIES

Buffs NIL Exchange Web

Buffs NIL Exchange is here! 

 

Businesses, individuals, charities and more

CLICK HERE TO SIGN-UP TODAY! 

 

Student-Athletes

Access the Buffs NIL Exchange on your INFLCR app! 

The Buffs NIL Exchange is a student-athlete NIL business registry that is designed for businesses, collectives, and individuals wishing to connect with and support CU student-athletes. 

Registered businesses can search, filter and initiate conversations with our student-athletes to discuss potential NIL activities. Once a CU NIL Exchange deal between a registrant and a student-athlete is complete, the Buffs NIL Exchange automatically produces a direct payment to the student-athlete as well as a transaction report to the INFLCR Verified Compliance Ledger, as required by Colorado state law. At the end of the year, all transactions within the Buffs NIL Exchange are consolidated into one 1099 Form for tax-reporting purposes for both registrants and student-athletes.

 

The Buffs NIL Exchange is open to all businesses, groups of people, charities, and individuals seeking to enter an NIL agreement or participate in NIL activities with CU student-athletes so long as value is exchanged between both parties. 

Individual University employees, staff members, faculty, etc. may register with the Exchange and conduct business with student-athletes in the same manner as all other registrants, provided any resulting agreement is made in good faith of not attempting to circumvent NCAA legislation associated with impermissible inducements and/or extra benefits. 

Click here to sign-up for the Buffs NIL Exchange! Once you submit your information, you will receive an initial confirmation email. Once approved, you will receive another email stating you are verified in the exchange and can start proposing NIL transactions! 

INFLCR VERIFIED 

CU Athletics has partnered with INFLCR Verified for NIL Education, Monitoring, and Disclosures. This one-stop app allows student-athletes to easily report transactions, access the INFLCR exchange to connect with companies like Cameo, Spring, and CoachUp, and gain access to NIL-specific education resources

inflcr logo
Name, image and likeness is a very exciting time for our student-athletes. Buffs with a Brand will provide all of our student-athletes with the tools they need to capitalize in the open market. They will gain hands-on experience through our unique programming and be provided with the resources to be successful in building a strong personal brand.
Rick George, Athletic Director

 

Buffs with a Brand 

Entrepreneurship + Branding + Money Management 

 

Program Overview

Buffs with a Brand is a comprehensive program specifically designed for ALL CU student-athletes to be innovative and successful entrepreneurs in utilizing their Name, Image, and Likeness. 

Developed in partnership with the Deming Center for Entrepreneurship, the program is strategically designed to cover three foundational pillars: Entrepreneurship, Branding, and Financial Literacy. 

Buffs with a Brand workshops provide student-athletes with hands-on, and real-life learning opportunities to apply to their NIL today, or in the future! 

PROGRAM PILLARS

BWAB Entrepreneurship
BWAB Branding
BWAB Money Management

The CU Difference

Deming Promo
Entrepreneurship graphic
BWAB launch graphic
CO fortune 500
Folsom Field and Flatirons
Ralphie VI
Champions Center

 

Testimonials

 

Get Involved

Interested in using your NIL? Want to learn how to be a successful entrepreneur? Sign up for Buffs with a Brand here! 

Questions? Reach out to Lauren.Unrein@Colorado.edu or Abbey.Shea@Colorado.edu! 

The Buffs NIL Exchange is a digital marketplace is open to all businesses, groups of people, and individuals seeking to enter an NIL agreement or participate in NIL activities with CU student-athletes as long as value is exchanged between both parties.