Name, Image & Likeness (NIL)

[Class of '66 Old Fart 84,773]

Indiana University Athletics announced today its decision to join Opendorse Ready, the Name, Image, and Likeness (NIL) Readiness program.  A number of links for what this means.

https://www.thedailyhoosier.com/iu-athletics-announces-name-image-likeness-readiness-partnership/?fbclid=IwAR2AvNZ844XJe9SjcE0ObTR6CKU_vumaix1IBd-7UxblqZVDi5IEfOb1OpA

https://iuhoosiers.com/news/2020/8/5/general-indiana-athletics-tabs-opendorse-ready-to-prepare-student-athletes-for-nil.aspx?fbclid=IwAR0Vl-DQPTFkEFVtng_aojtTeFcpqW4mu-ZspT3fgrXHPUs_-paZWQ2cXr0

https://www.insidethehall.com/2020/08/05/iu-announces-partnership-with-opendorse-ready-to-help-student-athletes-with-nil/

[Class of '66 Old Fart 84,773]

Indiana’s athletic department took another step in what will eventually be a national move toward allowing student-athletes to profit off of their name, image, and likeness, announcing Wednesday the formation of a NIL Task Force.

The 14-member group, according to a release, will provide oversight and help student-athletes in “understanding, assessing and capitalizing” on NIL opportunities.

In April, the NCAA Board of Governors recommended an update to rules that prohibit student-athletes from earning name, image and likeness (NIL) income. It is expected that new rules will be adopted in January and athletes will be able to profit off of third-party endorsements, social media, and personal appearances starting in the 2021-22 academic year.

“NIL is an important part of what IU Athletics will do in support of our students for years to come, and we plan to be a leader in this area,” IU athletic director Scott Dolson said in a release.

The task force, chaired by associate athletic directors Becky Pany and Jeremy Gray, includes assistant coaches Tom Ostrom (men’s basketball), Mike Hart (football), Ashley Williams (women’s basketball), Kevin Robson (men’s soccer), and Emily Eaton (swimming). There are also two representatives from the compliance department, Kristin Borrelli and Tyler Harris.  Beau Bauer, director of development and major gifts for the Varsity Club, also has a spot on the task force.

Other members include Lynnea Phillips, assistant director of digital and social media, Ash Soni, associate dean at the Kelley School of Business, and Dr. Galen Clavio, director of the National Sports Journalism Center and IU’s Media School.

This isn’t the first move IU has made to ready for upcoming NIL changes. Earlier this month, IU Athletics partnered with the sports tech company Opendorse for its “ready program,” which will help athletes build a social media presence. The company promises to assess IU athletes’ social media accounts, including Twitter, Facebook, Instagram, and YouTube, helping schedule posts for maximum reach, flagging potentially “harmful” posts, and comparing a student-athletes’ social media performance compared to others on campus.

The three-year contract with Opendorse cost $75,000, with IU paying an initial sum of $20,000 on Aug. 1.

Soni and Clavio, members of the task force, are also quoted in the release speaking to the roles the IU business and media schools will play in helping student-athletes manage NIL.

“As many of our graduates know, personal brand building is an important component of the Kelley School experience and we are pleased to share our experience to helping IU student athletes successfully present themselves off the field or court,” Soni said. “We teach students how to define themselves, present their values and develop skills needed for their professional lives. Our students, who often mentor each other, will benefit from working with those they usually only cheer for from the sidelines.”

“NIL is an exciting and mutually beneficial partnership area for Indiana Athletics and the Media School,” Clavio said. “As NIL rights for college athletes expand, giving students the tools to effectively manage and leverage media will be a key element of the process.”

[Class of '66 Old Fart 84,773]

Add Michigan to the list of states that has enacted legislation in support of college athletes' ability to make money off name, image and likeness (NIL). Michigan Gov. Gretchen Whitmer signed bills on Wednesday that make it legal for college athletes to profit via endorsement opportunities and similar setups. Michigan is home to five FBS schools: Michigan, Michigan State, Central Michigan, Eastern Michigan and Western Michigan.

Florida, California and Colorado and are among the states that already passed similar legislation. Michigan's law goes into effect in 2023, so it is possible that the NCAA will have already decided to allow athletes to profit off NIL by then. NIL has been a topic of conversation for years, but little progress has been made in the way of tangible steps toward making actual changes.

In October, the NCAA took a step in that regard, announcing its “concepts” for NIL legislation that will be voted on in January. Based on those concepts, the avenues student-athletes can use to capitalize on their NIL include: Camps, lessons, autographs, their own products and commercial services. Schools would not pay athletes directly — rather, companies and other entities would.

Student-athletes would also be allowed professional representation to help them negotiate contracts in relations to NIL. This does, however, create a few complications. Under this concept, schools are not allowed to be involved in any of the athlete’s business deals. The NCAA D-I Council recommends using a “third-party administrator” to assist with overseeing the process of disclosures.

If NIL rules are eventually passed – they’re expected to – potential Heisman candidates like Ohio State’s Justin Fields ($1.34 million) and Clemson’s Trevor Lawrence ($1.23 million) could earn more than a million a year, according to Opendorse projections. Blake Lawrence said the average FBS player would be worth anywhere from $800 to $8,000 a year.

Not everyone will be bankable, but there's plenty of money to be made. And that value can grow throughout a player's career.

“If you’re Zion Williamson it’s going to be huge," said Edward H. Schauder, head of Phillips Nizer's Sports Law Practice and the former Executive Vice President of Licensing at Steiner Sports. "If you’re a guy who wins the Heisman it’ll be huge. It’s not going to (be huge) for most players, but it will matter if a team develops an identity. Think about Michigan and the Fab Five. That has legs, or if a player has a big game. Tua (Tagovailoa) comes up in the national title and becomes Tua.  “There’s always an opportunity at any given moment. Somebody will do something that becomes huge.”

[Class of '66 Old Fart 84,773]

Currently, Indiana is a state without a NIL law

 

[Hardwood83 4,774]

I would expect IU b-ball players to benefit greatly from this. 

So if these are being passed as state laws does that mean violations will actually be illegal? 

[Class of '66 Old Fart 84,773]

INDIANA ATHLETICS NIL POLICY

EFFECTIVE JULY 1, 2021

1. PHILOSOPHY AND EDUCATIONAL RESOURCES

 
Indiana University has always been committed to providing world-class educational opportunities, through both traditional and nontraditional delivery modalities, in addition to championship level athletic opportunities for all students participating in intercollegiate athletics. IU Athletics’ educational programming and support is designed to help student-athletes reach their highest academic potential and earn an Indiana University degree.
 
With the NCAA providing guidance to allow student-athletes to be compensated for their name, image, and likeness (“NIL”), IU Athletics is committed to providing elite educational opportunities in this area to its student-athletes to empower and prepare them to maximize their opportunity with respect to NIL, while also protecting their NCAA eligibility. IU Athletics’ efforts to educate its student-athletes will be broad and will include professional development in the areas of brand management, brand development, business education, personal finance, taxes, entrepreneurship, and contracts. IU Athletics will also provide educational opportunities in regards to agent and advisor selection to empower student-athletes to select quality representation if they so choose.
 
These NIL educational efforts will be in addition to IU Athletics’ existing efforts to provide extensive personal and professional development through its groundbreaking Excellence Academy, which provides holistic development opportunities for our student-athletes and support to prepare them for success beyond IU. IU Athletics is also excited to build upon the resources that exist in the Mark Cuban Center for Sports Media and Technology, the world-class Kelley School of Business, and the nationally-recognized IU Media School to best position its student-athletes for success.
 

2. NCAA GUIDANCE

 
The NCAA has adopted guidance governing student-athletes’ NIL activities (the “NCAA Rules”). The NCAA rules provide that a student-athlete is prohibited from (1) receiving pay-for-play and (2) receiving an improper recruiting inducement.
 
IU Athletics and our student-athletes must follow the NCAA Rules and this IU Athletics policy; student-athletes, IU Athletics staff, or other third parties should consult with the IU Athletics Office of Compliance Services regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve IU student-athletes.  
 

3. NAME, IMAGE, AND LIKENESS ACTIVITIES 

Subject to the NCAA rules and this IU Athletics policy, IU student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs. IU student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NCAA rules and this IU Athletics policy. IU student-athletes may engage in NIL activities and receive corresponding compensation from University donors or sponsors so long as the compensation is for the NIL activity and is not a recruiting inducement or an inducement to remain enrolled at IU.
 

4. USE OF AGENTS OR PROFESSIONAL SERVICES 

IU student-athletes are encouraged to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities. Any agent must be registered to do business in the state of Indiana and register with IU Athletics Office of Compliance Services. IU Athletics encourages its student-athletes to thoroughly vet any such agents or advisors prior to working with them, as IU Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.   

5. USE OF UNIVERSITY INTELLECTUAL PROPERTY  

Student-athletes are not permitted to use IU’s intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval of IU’s Office of Licensing and Trademarks. Student-athletes may autograph and sell officially licensed memorabilia that includes University marks. Per NCAA rules, student-athletes may not sell products provided by IU Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.  

6. TEAM ACTIVITIES AND ACADEMIC OBLIGATIONS
 

Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, and team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations.

7. FACILITY USE  

Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use IU Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Consistent with Section 5 above, student-athletes may not use IU facilities in such a manner that creates the impression – either express or implied - that IU expressly or indirectly endorses a third party or product, unless prior written approval is obtained from IU’s Office of Licensing and Trademarks.

8. RESTRICTED CATEGORIES  

Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA, or products or services that are illegal.

9. DISCLOSURE OF NIL ACTIVITIES  

In the course of their education and participation at IU, student-athletes must disclose any NIL activities to IU Athletics through the NIL Disclosure Form within ten (10) days following the activity. IU Athletics highly recommends that student-athletes complete the NIL Disclosure Form prior to the NIL activity whenever possible so that the Office of Compliance Services can ensure the activity does not jeopardize the student-athlete’s eligibility.

10. FINANCIAL AID  

Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the IU Athletics Office of Compliance Services to fully understand these potential impacts.

11. INTERNATIONAL STUDENT-ATHLETES

International student-athletes should discuss how receiving compensation may impact their VISA status with the IU Office of International Services and the IU Athletics Office of Compliance Services prior to engaging in NIL activities.

[Magnanimous 4,603]

On 6/28/2021 at 8:59 PM, Hardwood83 said:

I would expect IU b-ball players to benefit greatly from this. 

So if these are being passed as state laws does that mean violations will actually be illegal? 

Swimming too, especially with Olympians being on the M/W rosters. Lily King would’ve left IU as a millionaire if this was in place five years ago.

[Lebowski 2,744]

  Do we know of any deals for any of our beloved Hoosiers yet?

[Class of '66 Old Fart 84,773]

And so it begins --

Parker Stewart @_PSTEW

Shoutout to @gopuff #GoPuffPartner Use my code below! Gopuff delivers daily essentials in minutes! Get $25 when you sign up. https://gopuff.com/r/GO183DXWBX?gpat=0ofhP

[Class of '66 Old Fart 84,773]

miles marshall @milesmarshall_

I use Gopuff often to get daily essentials delivered in minutes! Get $25 when you sign up

[Brass Cannon 24,811]

Really good college players who aren’t nba worthy are now going to stick around looking at these deals. 

[Chris007 44,066]

34 minutes ago, Class of '66 Old Fart said:

miles marshall @milesmarshall_

I use Gopuff often to get daily essentials delivered in minutes! Get $25 when you sign up

I believe Lander signed something with a gaming company where you can pay to game with him.

[WayneFleekHoosier 48,386]

This is crazy.  I love it for the players, but I hope we have behind the scenes people doing all the work for the kids, because between the sport and school there should be limited time to worry about this stuff.  

And the floodgates of whatever we considered "cheating" to be in the past have been opened wide.   Who navigates them the best?  Same teams?

[Magnanimous 4,603]

1 hour ago, Class of '66 Old Fart said:

And so it begins --

Parker Stewart @_PSTEW

Shoutout to @gopuff #GoPuffPartner Use my code below! Gopuff delivers daily essentials in minutes! Get $25 when you sign up. https://gopuff.com/r/GO183DXWBX?gpat=0ofhP

This is going to a race to the bottom for most of these players...”Order PizzaX and use my code @TimPriller for $2 off every 15 orders.”

[Lebowski 2,744]

 

[LIHoosier 26,205]

Can you buy stock in Cameo?

[Josh 12,644]

I love that IU is running with this.  For decades we've had people complain about any changes that we've made.  Scrolling advertising courtside?  Horrendous!  A Big Ten logo on the court?  Blasphemy.  Updating uniforms?  The horror!

I'm shocked that we're doing this and absolutely happy.  This will help push us to the front rather than keep us back to please the blue hairs.  

IU athletics to the moon baby!

[Josh 12,644]

37 minutes ago, LIHoosier said:

Can you buy stock in Cameo?

No, privately owned company.

[Brass Cannon 24,811]

6 minutes ago, Josh said:

No, privately owned company.

Not for long I bet 

[Class of '66 Old Fart 84,773]

Purely for reference; not factually accurate.

From Jon Blau  -  For this story in October 2020, he also received estimates via Opendorse of what current IU #iubb, #iufb, and #iuwbb athletes could make per year from endorsing businesses on social media. A chart: