NIL Frequently Asked Questions

   

Name, image and likeness is an activity that involves the use of an individual’s (current student-athlete) name, image or likeness for a commercial or promotional purpose. According to Alabama law, NIL may include any or all of these elements, as collectively they are known as the right of publicity.

Yes. Pursuant to Alabama law, prospective student-athletes are included in the definition of a student-athlete.

Yes. Representation can include an athlete agent who is registered with the state pursuant to ALA. CODE § 8-26B-4 or a licensed attorney and a member in good standing of the Alabama Bar Association. Representation must be for NIL only and not for future professional contract negotiations.

Yes. The student-athlete must upload a copy of any representation agreement into their ARMS account at least seven (7) days before entering into such agreement.

Yes. The student-athlete must upload a copy of any compensation agreement, before any compensation (anything of value – money, goods or services) is provided to the student-athlete, into their ARMS account at least seven (7) days before entering into such agreement.

Yes. Compensation for NIL use shall be commensurate with the market value. Additionally, student-athletes are not permitted to enter into a representation or compensation agreement, or otherwise receive compensation, from any of the following categories or brands:

• A tobacco company or brand, including alternative nicotine products
• Any alcoholic beverage company or brand
• Any seller or distributor of a controlled substance, including but not limited to, marijuana
• Any adult entertainment business
• Any casino or entities that sponsor or promote gambling activities
• Any such reason or purpose that would constitute a violation of NCAA/Conference rules and regulations, UNA policy and/or local, state or federal law

Additionally, UNA may prohibit a student-athlete from receiving compensation for use of their NIL from entities or individuals that, in the reasonable and good faith judgment of UNA, negatively impacts or reflects adversely on UNA. Other examples of prohibited compensation for student-athlete NIL activity include:

• Where the student-athlete is not a US citizen and the student-athlete’s visa generally prohibits employment
• In exchange for property owned by UNA (e.g., current jersey or equipment)
• Where UNA determines that a term of a contract for NIL compensation conflicts with a term of a contract held by UNA

No. Alabama state law prohibits student-athletes from receiving compensation for use of their NIL in a way that also uses intellectual property (any registered or licensed marks, logos, verbiage, designs of UNA, etc.) or any other institutional property without prior written consent by UNA.

The duration of the student-athlete NIL contract may not extend beyond the student-athlete’s participation in the UNA intercollegiate athletics program.

No. UNA, UNA employees and/or Representatives of UNA Athletics Interests (i.e. Trustees, Foundation Board members, etc.), or any entity with the purpose of supporting or benefitting UNA or its intercollegiate sports may not compensate or cause compensation to be directed to a student-athlete or the family of a student-athlete for use of their NIL. This prohibition includes acting as the student-athlete’s agent or consultant. Also, Alabama ethics laws prohibit the use of state resources for private gain.

Yes. UNA will provide education to student-athletes on financial literacy, debt management, time management, budgeting, academic resources, etc.