What is a Name, Image, and Likeness (NIL) activity?

NIL are three elements that make up a legal concept known as “right of publicity”. It is an activity that involves the use of an individual’s (i.e., a prospective or current student-athlete’s) NIL for commercial or promotional purposes.

Examples include:

Personal Appearances
Speaking Engagements
Autographs
Owning a Personal Business
Promotion of a Product/Service/Business
Brand Ambassador (Social Media Influencer)
Operating a Camp/Clinic
Sale of Merchandise

Can donors and outside companies enter into NIL agreements with student-athletes?

Yes, provided the NIL activity is in accordance with NCAA legislation and ECU’s policy. The NIL agreement cannot be an impermissible inducement, constitute pay-for-play, and/or during the time the student-athlete is representing ECU Athletics. Review the NCAA prohibitions in question #3.

What is prohibited under the new NCAA interim NIL policy?

The following is prohibited under the new interim policy:

NIL agreement without quid pro quo (e.g., compensation for work not performed).
NIL compensation contingent upon enrollment at a particular school. No recruiting inducements are permitted.
Compensation for athletic participation or achievement (“pay for play”). Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the “consideration” for NIL compensation.

Additionally, all other NCAA bylaws remain in effect. If you have any compliance questions regarding what you can or cannot provide to a student-athlete or prospect, please reach out to the ECU Athletics Compliance Department at AthleticsCompliance@ecu.edu.

Are ECU donors allowed to assist prospective student-athletes in finding NIL opportunities?

Athletics donors are prohibited from creating or facilitating NIL compensation opportunities for prospective student-athletes (“recruits”) as a recruiting inducement.

May an NIL compensation activity agreement or contract require that a student-athlete must compete for, or attend, or remain at ECU (or any other NCAA member school)?

Athletics donors are prohibited from creating or facilitating NIL compensation opportunities for current student-athlete as an inducement to remain enrolled at ECU.

May ECU employees assist donors with arranging for student-athletes to utilize their NIL for compensation with their businesses, etc.?

No. ECU employees may not arrange for student-athletes to participate in NIL contracts or activities. However, we may forward information about legitimate NIL-opportunities to AthleticsCompliance@ecu.edu. The information will be routed by compliance to the student-athletes for their consideration.

May a donor compensate a student-athlete for their NIL when the student-athlete is engaged in official team activities?

No. For example, if a student-athlete is at a fan event that has been organized by ECU or at an away- from-home competition, you may not compensate the student-athlete for their autograph or photo because the student-athlete is engaged in official team activities. If the student-athlete is participating in an activity that was organized by ECU, then it is an official team activity.

If the donor is also an ECU employee, can he/she enter into an NIL agreement with a student-athletes?

No. NIL compensation cannot be provided to a student-athlete by the institution (ECU) or it’s employees.

Can student-athletes wear their uniform or ECU apparel during an NIL compensated activity?

A student-athlete cannot use or wear ECU uniforms, registered trademarks, products/designs protected by copyright, or official logos, names, marks, in connection with a personal NIL activity without the express written permission of the institution.

Can student-athletes sell or exchange their issued athletics apparel and awards to a donor, fan, or outside entity?

No. Student-athletes cannot sell or exchange their apparel, uniforms, awards and equipment distributed by ECU Athletics, the AAC, or the NCAA until the student-athlete has exhausted eligibility in intercollegiate athletics.

Will ECU Athletics assist student-athletes with other NIL aspects or issues?

Yes. ECU Athletics has partnered with the Miller School of Entrepreneurship to create the SABRE – Student Athlete Brand Resource Education – Program. The goal of SABRE is to serve all student- athletes by providing education and resources related to financial literacy, personal branding, entrepreneurship, content management, social media strategies, media training, taxes, and compliance. In addition to the educational platform, SABRE will have mentorship and networking opportunities for student-athletes to learn more from successful professionals and former student- athletes.

Can Pirate Club donors help educate and be a part of the SABRE program?

Yes. If a donor is interested in providing education through resources or speaking engagements, he/she can reach out to Assistant Director of the Pirate Club, Danielle Morrin at morrind16@ecu.edu.

Are any Pirate Club funds used for the purpose of NIL compensation for student-athletes?

No. The Pirate Club cannot hire ECU student-athletes for NIL activities. ECU student-athletes are now able to pursue personal NIL opportunities for compensation from outside individuals/companies.