What is Name, Image, and Likeness (“NIL”)?

Name, Image, and Likeness gives student-athletes the right of publicity, which is an individual’s right to control and profit from the commercial use of his or her likeness or persona. Examples of NIL activities include autographs, personal appearances (speeches, commercial establishments), promoting a business, sale of merchandise with name, image, or likeness, and social media endorsements, and representation in video games.

Historically, an NCAA Division I student-athlete could not use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

What's changing?

The state of Oklahoma adopted the “Student Athlete Name, Image and Likeness Rights Act” (The Oklahoma NIL Act) in May 2021. The law allows student-athletes attending Oklahoma State to benefit from the use of their name, image or likeness. The effective date for this legislation has not yet been established but the Oklahoma NIL Act puts student-athletes at OSU on equal footing with student-athletes attending a university in other states with similar laws.

 

Additionally, various bills have been introduced (but not yet passed) in Congress in an attempt to create a consistent set of rules that would apply to all student-athletes regardless of state.

The NCAA has openly voiced its support for student-athletes to benefit from NIL opportunities. However, it has not taken any action and many states, including Oklahoma, have passed legislation that allows student-athletes to profit from their NIL. [It is not clear how the NCAA will react to state laws that are in conflict with NCAA legislation. We will advise you as soon as more information is available.]

When will the changes take effect?

The new legislation is expected to allow student-athletes at OSU to benefit from their NIL as early as the 2021–2022 academic school year.

Warning to Student-Athletes: You should not take any action including obtaining representation, making verbal agreements or signing any documents related to your NIL rights until notified by the OSU Office of Athletics Compliance that Name, Image and Likeness legislation has become effective. Taking any actions related to your NIL before laws and legislation are effective could jeopardize your eligibility!

How will the changes affect me?

Student-athletes at OSU will be allowed to profit from third-party endorsements related to athletics, and other opportunities, such as being paid to influence on social media, endorse or sponsor businesses and make personal appearances.

You should review the OSU policies regarding a student-athlete’s name image likeness so that you do not engage in an activity that will endanger your eligibility. You can find these policies here.

What should I be aware of?

Entering into an NIL contract can have significant consequences on you, including an impact on your eligibility as an NCAA student-athlete. While NCAA rules have not been adopted, it is important that you seek guidance and advice from someone not only familiar with the NIL rules, but also familiar with contractual obligations. Also, as discussed below, you will have tax filing obligations as a result of your NIL activity and income from your NIL activity could impact your eligibility for need based financial aid and Pell grants.

Can a University Pay Me to Play or Enroll at that University?

No! All NIL rules prohibit a university from using NIL to induce a certain action such as to attend school or play a specific sport at the school. This prohibition also applies to affiliated foundations.

How Much Can I Be Paid for My NIL activities?

Any compensation earned you earn in connection with your NIL must be commensurate with the market value of your NIL.

Can I Hire Professional Representation For NIL Activities?

Yes. Under the Oklahoma NIL Act, you may obtain professional representation by an athlete agent or attorney for the purpose of securing compensation for the use of your NIL. However, an athlete agent or attorney may not also represent you for the purpose of marketing your athletics ability or reputation in a sport to secure an opportunity as a professional athlete. Any agent providing services in Oklahoma must be licensed pursuant to the Oklahoma Revised Uniform Athlete Agent Act.

What Actions Or Products Am I Forbidden To Endorse?

State law prohibits student-athletes from signing an agreement involving a commercial product or service that conflicts with OSU or NCAA policy, examples include gambling, banned substances (including alcohol, medical marijuana and illegal drugs) and products and services that negatively impact or reflect adversely on OSU or its athletic programs. Those include generating public disrepute, embarrassment, scandal, ridicule or otherwise negatively impacting OSU’s reputation or its moral or ethical standards.

Also, you cannot engage in NIL activities that conflict with one of OSU’s “team contracts”. For instance, we have an apparel contract with Nike so you cannot enter into an endorsement contract that requires you to wear or display a competing brand while participating in team activities.

Am I Required to Disclose My NIL Activities to OSU?

Yes. You will be required to disclose all NIL activities (including any endorsement contract) to OSU. These disclosures will include information related to use of your name, image and likeness or promotion of a commercial product or service, including compensation amounts. You may also be required to make other disclosures if the NCAA adopts NIL related legislation.

Will My NIL Compensation Impact my Athletic Scholarship?

No. Your NIL compensation cannot affect the amount, duration or renewal of or eligibility for any athletic scholarship. However, your NIL compensation may be used for the calculation of income for determining eligibility for need-based financial aid and Pell grants.

Is My NIL Income Subject to State and Federal Income Taxes?

Yes. Your income from NIL activities be subject to income taxes in accordance with state and federal tax laws. You should contact a tax professional regarding your tax filing and tax payment responsibilities with the Internal Revenue Service and the Oklahoma Tax Commission.

Can OSU Provide Education To Me Related To NIL?

Yes. OSU intends to provide education to you regarding NIL. OSU will be able to provide more information when it is determined whether the NCAA and federal government will adopt NIL legislation.

Will the Office of Athletics Compliance provide further education on OSU and NCAA requirements related to my involvement in NIL activities?

Yes. Once NCAA legislation is approved, Oklahoma state law is enacted and specific OSU policies related to NIL are established, the Office of Athletics Compliance will provide educational materials to all student-athletes to assist them with taking advantage of permissible NIL opportunities while protecting their eligibility as a student-athlete.

Where Does INFLCR Fit In?

OSU Athletics has partnered with INFLCR for its NIL program. The app that many OSU student-athletes are already using to more easily produce content on their social media platforms, will also help you stay within NCAA and federal or state laws, monitor your agreements and help you when it comes to tax time.

May international student-athletes receive compensation under these new NIL policies and rules?

International student-athletes should not enter into any NIL agreements without the guidance from the Oklahoma State University Office of International Students and Scholars to guard against any potential immigration issues.

International students are permitted to receive NIL compensation under NCAA rules and athletics department policy; however, US student visa regulations may prevent this while in the US and there may be tax implications.

International students enrolled at OSU holding an F-1 visa may not be employed by an entity outside of OSU. As a result, all NIL opportunities conducted while in the United States with this immigration status would violate US immigration law.

May an international student-athlete engage in an NIL activity for compensation during breaks from OSU (i.e., winter break, spring break, summer break) while in their home country, even if it involves social media endorsements for US companies, products or services?

Yes, when an international student-athlete is on foreign soil they may receive compensation for services even from a US company. US employment and tax laws are based on the physical location of the individual. International student-athletes should consult with the Oklahoma State University Office of International Students and Scholars to properly document their personal location while conducting such activities.

May an international student-athlete engage in an NIL activity for compensation during breaks from OSU (i.e., winter break, spring break, summer break) while in their home country, involving endorsements for companies, products or services not located within the US?

Yes, when an international student-athlete is on foreign soil they may receive compensation for services from a foreign country. International student-athletes should consult with the Oklahoma State University Office of International Students and Scholars to properly document their personal location while conducting such activities.

May an international student-athlete with their own business based in their home country (or any country outside of the United States) conduct business for that company or engage in NIL activities for that company while in the US on an F-1 visa?

No, the international student-athlete would need to cease all services for that business once in the US on an F-1 visa.

Will an international student-athlete be required to report NIL activities to the OSU Office of Athletics Compliance even if such activities take place while the international student-athlete is not in the US?

Yes, OSU policy requires that all student-athletes report all NIL activities to the OSU Office of Athletics Compliance through the INLFCR app.

What if I want to engage an OSU student-athlete to represent my business?

• You should review the OSU policies regarding a student-athlete’s name image likeness so that you do not engage a student-athlete in an activity that will endanger their eligibility. You can find these policies here.

- The student-athlete cannot use OSU marks in their NIL activities.
- Student-athletes cannot enter into an agreement that extends beyond their eligibility at OSU.
- There are certain activities in which a student-athlete may not engage such as advertising for certain prohibited categories such as alcohol and legal, medicinal and illegal drugs. You can find more information in the OSU NIL policies.

• OSU is prohibited from helping arrange any NIL arrangements. The best way for you to contact OSU student-athletes is via social medial or by seeking their contact information on the OSU directory https://directory.okstate.edu/.
• OSU has engaged the services of INFLCR, a third party service provider who provides opportunities for student-athletes to engage in NIL activities. The INFLCR platforms include several third-party apps such as Cameo, the Players Trunk and others that may help you enlist the services of an OSU student-athlete.