Name, Image and Likeness (NIL) are three elements that make up a legal concept known as “right of publicity.” In June, the state of Texas passed a law, Senate Bill 1385 related to collegiate athletic NIL, which creates a framework to allow student-athletes to earn compensation for the use of their name, image or likeness.
The bill prohibits public or private institutions in the state of Texas from restricting a student-athlete’s ability to earn compensation for the use of their NIL when the student-athlete is not engaged in official team activities, or prohibit them from obtaining professional representation, including representation by an athlete agent or attorney for certain purposes. The bill would also prohibit an institution from providing or soliciting a prospective student-athlete with compensation related to the athlete’s NIL.
The HBU athletic department has created the HBYou Name, Image & Likeness Program to educate its student-athletes and help them navigate this new legislation. HBU has also partnered with NOCAP Sports to assist with the education and allow the student-athletes to maximize their opportunities.
Will universities pay student-athletes for NIL?
No, endorsement deals are between the student-athletes and the company for which they are contracted.
Will the athletic department seek out opportunities for the student-athletes or offer them to prospective student-athletes?
No, according to SB 1385, institutions are not allowed to seek out opportunities for student-athletes – the student-athletes must secure endorsements on their own or with the assistance of a firm, such as NOCAP Sports.
What are the athletic department’s responsibilities pertaining to NIL?
The athletic department is required to provide at least five hours of education to student-athletes annually about NIL-related topics and has secured the services of NOCAP Sports to assist with the process.
Are there restrictions on what student-athletes can endorse?
Yes, student-athletes are prohibited from endorsing alcohol, tobacco products, e-cigarettes, firearms the student-athlete cannot legally purchase, or products that promote gambling. They also cannot endorse products of competitors with university or athletic department contracts.
For more information on NIL, visit the Compliance page on HBUHuskies.com.