GENERAL NIL FAQ
Q: What is Name, Image and Likeness (NIL)?
A: “Name, Image, and Likeness” (NIL) generally refers to the NCAA bylaw that permits intercollegiate student-athletes enrolled at a university or college to earn compensation at market value for the use of the name, image or likeness. More specifically, NIL means anything that reasonably identifies or defines a student athlete with particularity (e.g., first and/or last name; nickname; signature; social media account; or symbol, name, or design; etc.).
Q: What is the NCAA’s policy on NIL?
A: Effective July 1, 2021, the NCAA has an interim policy on NIL. Pursuant to this interim policy:
- Student-athletes (including recruits) CAN engage in NIL Activities that are consistent with the laws of the state where the school is located;
- Student-athletes CAN use a professional services provider for NIL Activities;
- NIL CANNOT be used as a recruiting inducement (I.e., compensation for NIL Activities cannot be contingent on enrollment at a particular institution);
- NIL CANNOT be paid on a performance-related basis (I.e., pay-for-play); and
- All NIL Activities MUST be quid pro quo: there must be an exchange of goods for services for compensation related to one’s NIL
Q: Does Kansas have a state law?
A: No, Kansas does not currently have a state law regulating NIL Activities.
Q: Does WSU have an NIL policy?
A: Yes, WSU has an NIL policy that sets forth what student-athletes, the university, donors/boosters, and others can and cannot do with regard to NIL at Wichita State, as well as additional obligations of the student-athletes.
Q: What are “NIL Activities?”
A: Generally speaking, NIL Activities means any activity in which student-athletes are compensated in any way for the use of their name, image, likeness, or personal appearance. Common examples include camps/clinics, personal appearances, selling autographs, merchandise sales, and sponsored social media posts.
Q: What is "Compensation?”
A: Compensation for NIL Activities CAN be anything of value, monetary or otherwise, including but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights or other intellectual or intangible property, and any other form of payment or remuneration.
Compensation for NIL Activities CANNOT be tuition, room and/or board, books, fees, personal expenses, and/or any other financial aid, benefits, or awards that the institution provides to a student-athlete. It also CANNOT be federal Pell grants and other state and federal grants or scholarships unrelated to, and not awarded because of a student-athlete's participation in intercollegiate athletics or sports competition.
Q: What is the latest update regarding WSU and NIL?
A: WSU continues to fully support our student-athletes and their right to monetize their name, image, and likeness. Wichita State Athletics has always strived to prepare our student-athletes for life after graduation, both inside and outside sports. Name, image, and likeness is another opportunity for our department and our university as a whole to enhance our current programs and continue to support these student-athletes who contribute so much to our campus and our community.
FAQ FOR STUDENT-ATHLETES
Q: How do the changes to NIL affect me?
A: WSU student-athletes are allowed to profit from engaging and participating in NIL Activities. You should review the WSU policies regarding NIL to ensure that you do not engage in any activity, NIL or otherwise, that will endanger your collegiate eligibility. You can find a copy of WSU’s NIL policy here.
Q: Am I required to disclose my NIL Activities to WSU?
A: Yes. You are required to disclose all participation in and Compensation earned from NIL Activities to WSU within four (4) calendar days of entering into a contract for NIL Activities and/or earning Compensation from NIL Activities. These disclosures will include information about the NIL Activity, including Compensation earned as well as your use of a Professional Services Provider. To disclose an NIL Activity, please reach out to Athletics Compliance.
Q: Will NIL Compensation impact my athletic scholarship?
A: No. Compensation earned from your NIL Activities cannot affect the amount, duration, or renewal of, or your eligibility for, any athletic scholarship. However, Compensation earned from your NIL Activities may be used for the calculation of income for determining eligibility for need-based financial aid and Pell grants.
Q: Are there certain categories of goods and/or services that I cannot use in my NIL Activities?
A: Yes. You are prohibited from entering into a contract with, or otherwise receiving Compensation from, any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine product, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition); and providers of higher education (other colleges and universities)
Q: Are there any restrictions on how much I can receive for NIL Activities?
A: No. There are no specific limitations on how much you can receive for NIL Activities. However, each NIL deal should be for market value. All NIL Activities must be quid pro quo: there must be an exchange of goods for services for compensation related to your NIL.
Q: Can I autograph and sell items I receive from the WSU Athletics Department (i.e., shoes, apparel, etc.)?
A: No. You cannot sell any items you receive from the WSU Athletics Department.
Q: Can I miss class to participate in NIL Activities?
A: No. You cannot miss class to participate in NIL Activities.
Q: Can I miss team activities (i.e., practices, competition, meetings, training, etc.) to participate in NIL Activities?
A: No. You cannot miss team activities (i.e., practices, competition, meetings, training, etc.) to participate in NIL Activities.
Q: Can I wear my uniform or any WSU-issued apparel while engaging in NIL Activities?
A: No. You cannot wear your uniform or any WSU-issued apparel while engaging in NIL Activities.
Q: If I sign a contract with and/or receive Compensation from a company or brand, can I wear their items and/or use their equipment or gear during practice or competition?
A: No. You cannot wear any item of clothing or shoes or use any type of equipment or gear with the insignia of any entity that is not an athletics sponsor during any team activity. An athletics sponsor is any entity with whom WSU has a contract under which student-athletes are required to wear and/or utilize certain apparel, shoes, equipment or gear while representing WSU (e.g., Under Armour).
Q: Can I hire an agent or advisor to assist me with my NIL Activities?
A: Yes. You can hire a professional services provider to assist you with NIL Activities. Examples of a PSP include tax advisors, marketing consultants, attorneys, or agent. However, this PSP cannot advise you on professional sport opportunities.
Q: Can employees of and others associated with WSU (including the Athletic Department) arrange NIL Activities for me?
A: No. WSU employees, including but not limited to athletics staff and coaches, cannot be involved, either directly or indirectly, in (1) finding NIL opportunities for you, (2) assisting you with your NIL Activities, (3) providing Compensation directly to you for NIL Activities, and/or (4) securing you a Professional Services Provider.
Q: Can I get paid for how I perform during competition and/or because I am a WSU student-athlete?
A: No. You cannot get paid for how you perform during competition and/or because you are a student-athlete. This arrangement would be considered “pay-for-play” and is prohibited under NCAA bylaws.
Q: Can I use WSU marks or logos in or on my NIL Activities?
A: Maybe. You are only allowed to use WSU marks or logos to earn Compensation for retail NIL Activities and only if you have secured the rights to use those WSU marks or logos through existing channels and in connection with a valid agreement granting those specified rights. WSU’s current exclusive product licensing agent is Learfield. For more information on how to use the WSU marks and logos for retail NIL Activities, click here.
You cannot use WSU marks and logos in connection with any non-retail NIL Activity (e.g., appearances, social media, advertisements, camps/clinics, etc.).
Q: Can I use WSU facilities for my NIL Activities?
A: Maybe. You may only use WSU facilities for your NIL Activities if you have rented the facility in the same manner as the facility is made available to the general public (e.g., facility use agreement, payment of rental fees, etc.). Any use of WSU facilities for NIL Activities must be done in compliance with all applicable WSU policies and procedures. You cannot use WSU facilities in a manner that creates the impression – either express or implied – that WSU expressly or indirectly supports or endorses a third-party product or service.
Q: Can I participate in NIL Activities with a WSU Athletics donor / booster?
A: Yes. You can engage in NIL Activities with a WSU donor / booster and receive compensation from that donor / booster so long as the NIL Activities meet all other NIL requirements (e.g., compensation is in exchange for services provided, compensation is not in exchange for athletics performance, agreement is not an improper inducement to attend or remain at WSU, etc.).
Q: Is my NIL income subject to state and federal income taxes?
A: Yes. Income from your NIL Activities is 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.
Q: Can I hire professional representation for my NIL Activities?
A: Yes. You may obtain professional representation by a “Professional Services Provider” for the purpose of securing compensation for the use of your NIL. A Professional Services Provider means any individual or entity who provides services to you regarding your name, image, and likeness including, but not limited to, an agent, tax advisor, marketing consultant, attorney, etc. It does not include any agent that is advising you on professional sports opportunities.
Q: I am an international student-athlete. Can I participate in NIL Activities?
A: Yes. However, profiting from NIL Activities is a form of employment. Therefore, you must adhere to the employment regulations associated with an F-1 student visa. International student-athletes should direct their questions to Athletics Compliance.
FAQ FOR DONORS
Q: Can I enter into an agreement with a WSU student-athlete for the use of the student-athlete’s name, image, or likeness?
A: Yes. Donors may enter into agreements with and/or provide compensation to WSU student-athletes for use of the student-athlete’s name, image, or likeness so long as the donors use of that name, image, or likeness is in exchange for money, goods, or services and complies with the NCAA Interim Policy, the WSU NIL Policy, and any other applicable laws, rules, or regulations.
Q: Can I just give or donate money to a WSU student-athlete because of their status as a student-athlete?
A: No. You cannot just give money to a WSU student-athlete because of their status as a student-athlete. NCAA extra benefit and recruiting inducement rules still apply and violation of these rules could endanger a student-athlete's eligibility. Compensation must be in exchange for an action on the student-athlete’s part (e.g., promotion, appearance, autograph, etc.).
Q: Can WSU and/or its staff members assist me in connecting with a student-athlete to discuss utilizing their NIL and/or providing NIL opportunities?
A: No. Neither WSU nor its staff members can assist you in connecting with a WSU student-athlete to discuss NIL opportunities. However, you may find information about WSU student-athletes on our website.
Q: Can WSU marks or logos be used in NIL Activities?
A: Maybe. Student-athletes are only allowed to use WSU marks or logos to earn compensation for retail NIL Activities and only if student-athletes have secured the rights to use those WSU marks or logos through existing channels and in connection with a valid agreement granting those specified rights. WSU’s current exclusive product licensing agent is CLC. For more information on how to use the WSU marks and logos for retail NIL Activities, click here.
Student-athletes cannot use WSU marks and logos in connection with any non-retail NIL Activity (e.g., appearances, social media, advertisements, camps/clinics, etc.).
Q: Can a WSU student-athlete receive compensation for NIL based on the student-athlete’s athletic performance at WSU?
A: No. A WSU student-athlete cannot receive compensation for NIL based on their athletic performance at WSU.
Q: Can an NIL contract and/or payment of NIL compensation stipulate that a student-athlete must compete for, or attend, WSU (or any other NCAA school)?
A: No. Neither an NIL contract nor payment of NIL compensation stipulate and/or be contingent upon a student-athlete competing for, or attending, WSU (or any other NCAA school).
Q: Are there any industries or products that student-athletes cannot endorse?
A: Yes. Student-athletes are prohibited from entering into a contract with, or otherwise receiving compensation from, any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine product, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition); and providers of higher education (other colleges and universities).
Q: Are there any restrictions on how much compensation a student-athlete can receive for NIL Activities?
A: No. There is no specific limitations on how much compensation a student-athlete can receive for NIL Activities. However, each NIL deal should be for market value. All NIL Activities must be quid pro quo: there must be an exchange of goods for services for compensation related to one’s NIL.
Q: Can a WSU student-athlete use WSU marks and logos and/or wear WSU-branded attire during NIL Activities (e.g., can a WSU student-athlete film a commercial while wearing a WSU-branded shirt)?
A: No. WSU student-athletes cannot use WSU marks and logos and/or wear WSU-branded attire during NIL Activities.
Q: Can a WSU student-athlete wear WSU-issued apparel (e.g., uniforms, etc.) during NIL Activities?
A: No. WSU student-athletes cannot wear WSU-issued apparel during NIL Activities. NCAA bylaws prohibit student-athletes from selling or exchanging for another item of value institutionally issued apparel, equipment, awards, etc. (even if the item will not be re-used) until the student-athlete has exhausted his/her eligibility.
FAQ FOR BUSINESSES
Q: Can I enter into an agreement with a WSU student-athlete for the use of the student-athlete’s name, image, or likeness?
A: Yes. Businesses may enter into agreements with and/or provide compensation to WSU student-athletes for use of the student-athlete’s name, image, or likeness so long as the donors use of that name, image, or likeness is in exchange for money, goods, or services and complies with the NCAA Interim Policy, the WSU NIL Policy, and any other applicable laws, rules, or regulations.
Q: Can WSU and/or its staff members assist me in connecting with a student-athlete to discuss utilizing their NIL and/or providing NIL opportunities?
A: No. Neither WSU nor its staff members can assist you in connecting with a WSU student-athlete to discuss NIL opportunities. However, you may find information about WSU student-athletes here.
Q: Can WSU marks or logos be used in NIL Activities?
A: Maybe. Student-athletes are only allowed to use WSU marks or logos to earn Compensation for retail NIL Activities and only if student-athletes have secured the rights to use those WSU marks or logos through existing channels and in connection with a valid agreement granting those specified rights. WSU’s current exclusive product licensing agent is CLC. For more information on how to use the WSU marks and logos for retail NIL Activities, click here.
Student-athletes cannot use WSU marks and logos in connection with any non-retail NIL Activity (e.g., appearances, social media, advertisements, camps/clinics, etc.).
Q: Can a WSU student-athlete receive compensation for NIL based on the student-athlete’s athletic performance at WSU?
A: No. A WSU student-athlete cannot receive compensation for NIL based on their athletic performance at WSU.
Q: Can an NIL contract and/or payment of NIL compensation stipulate that a student-athlete must compete for, or attend, WSU (or any other NCAA school)?
A: No. Neither an NIL contract nor payment of NIL compensation stipulate and/or be contingent upon a student-athlete competing for, or attending, WSU (or any other NCAA school).
Q: Are there any industries or products that student-athletes cannot endorse?
A: Yes. Student-athletes are prohibited from entering into a contract with, or otherwise receiving Compensation from, any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine product, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition); and providers of higher education (other colleges and universities).
Q: Are there any restrictions on how much compensation a student-athlete can receive for NIL Activities?
A: No. There is no specific limitations on how much compensation a student-athlete can receive for NIL Activities. However, each NIL deal should be for market value.
Q: Can a business provide a WSU student-athlete with non-cash compensation (e.g., free meal, discounts, etc.) for an NIL Activity?
A: Yes. In-kind compensation is permissible, provided that the NIL Activity complies with all NCAA policies, WSU policies, and any applicable laws, rules, or regulations.
Q: Can a business provide a WSU student-athlete with non-cash compensation (e.g., free meal, discounts, etc.) without the student-athlete performing an NIL Activity?
A: No. NCAA rules regarding pay-for-play, extra benefits, and recruiting inducements are still in effect.
Q: Can a WSU student-athlete use WSU marks and logos and/or wear WSU-branded attire during NIL Activities (e.g., can a WSU student-athlete film a commercial while wearing a WSU-branded shirt)?
A: No. WSU student-athletes cannot use WSU marks and logos and/or wear WSU-branded attire during NIL Activities.
Q: Can a WSU student-athlete wear WSU-issued apparel (e.g., uniforms, etc.) during NIL Activities?
A: No. WSU student-athletes cannot wear WSU-issued apparel during NIL Activities. NCAA bylaws prohibit student-athletes from selling or exchanging for another item of value institutionally issued apparel, equipment, awards, etc. (even if the item will not be re-used) until the student-athlete has exhausted his/her eligibility.
FAQ ON NIL COLLECTIVES
Q: I keep hearing the term “collective.” What does that mean?
A: An NIL collective is a legal entity external to the institution that is formed by fans and supporters of college sports for the sole purpose of generating NIL opportunities for student-athletes.
Q: Are there different types of collective?
A: Yes. Although the world of NIL collectives is still rapidly changing, there are several common structures: (1) collectives in which donors donate into a pool of funds and the collective signs student-athletes to NIL agreements to perform services; (2) collectives that have a single deal through an identified brand or business; (3) sponsorship collectives in which subscribers pay a per-month fee for access to certain exclusive content or benefits performed by the student-athletes; and (4) a hybrid model that could combine elements from all of these and others.
Q: What is the legal structure of a collective?
A: NIL collectives can take a variety of legal forms (e.g., 501(c)(3), LLC, etc.). Because the collectives are separate and independent from WSU, the legal structure and operation of the collective is at the sole discretion of the collective itself.
Q: What rules apply to NIL collectives?
A: NIL collectives are subject to all laws, rules, and regulations applicable to its particular entity type (e.g., corporate rules, tax rules, etc.). NIL collectives also must comply with, and must inform WSU student-athletes that they must comply with, NCAA policies, WSU policies, and any applicable laws, rules, or regulations. All WSU student-athletes must comply with all NCAA policies, WSU policies, and any applicable laws, rules, or regulations.
Q: Can WSU staff, including athletics staff and coaches, be involved in an NIL collective?
A: No, with the exception of certain designated WSU Athletics compliance staff members that can help coordinate the disclosure of a student-athletes NIL Activities performed through the collective for compliance purposes.
Q: Can Wichita State start its own NIL collective?
A: No. NIL collectives must be separate and independent from WSU. WSU cannot start its own NIL collective.
