NCAA SAs likenesses, EA Sports, and the video game ...
NCAA SAs likenesses, EA Sports, and the video game industry: Compromising amateurism?
(I attach below the most important pieces of prior correspondence and the NCAA props through the tabled ones as of when we discussed last…)
Tentative Article Blueprint
Intro and Problem ID
Need to retrieve what was been written heretofore, including the Bracken and Simpson paper from my IU class… Need to de-limit this perhaps? FB and MBB? I am more interested in MBB VG likenesses, and those are the ones I am aware of most. Talked to B. Coyle from EA Sports a few times on a few subjects, could bounce ideas off him too.
I’d say:
■ Start of use of SAs likenesses
■ Past of Amateurism handling re: likenesses, ads, and commercial products
■ EA Sports relationship with NCAA and Mis
■ Revenue discussion
■ SAs rights, waivers/releases via Bylaw 12 etc, incl. comments pro-SAs’ amateurism exemptions for revenue generation from:
o Likenesses for commercial products used by schools/NCAA
o Music (see two examples – Country and Hip-hop artists)
o Extension of the modeling exception
■ Perhaps origins of the VG industry, relationships with other entities (incl. Madden, NFL, NBA, and nature of NCAA titles)
■ Possibly a generic overview of likenesses uses in other fields, in sport-related fields, and other examples (if any) of likenesses and RsoP circumvented via releases/collective agreements, contractual relationships, etc… See how the pro unions protected image rights of players and se if we learn anything for the Sas
Amateurism
Could be long, but:
■ Use past cites (Allison, Pierce, Kaburakis, and any recent and closely-related ones)
■ Try to focus on Amateurism exemptions, history, and proceed with below props and de-regulation attempts
■ Dissect and scrutinize the three tabled props, esp. allowing ads featuring currently enrolled SAs, as well as pix/images
■ ID “likenesses” inclusion in Manual (wasn’t there early on)
Law-RoP-Federal and State policy
Got that, see the other outline…
Here, we need to also delve into articles and arguments pro-SAs rights and image protection
Hypothesize or use creative research method to build up discussion
What could we use here?
Interviews? SAs, ADs, EA execs (they’d also like de-regs, using contemporary SAs, also willing to pay them, if NCAA allowed it)
Case studies?
Dealt with Amateurism and props, showing how they could be compromising amateurism
Analyzed Law and Policy re: State and federal claims re: RoP, etc.
Stronger argument after the White settlement? Let’s use White…
What else?
Discussion – Recommendations
Quickly and w/o much thought:
1. Amend Bylaw 12 allowing for SAs to receive compensation from (intro bullets above)
2. Amend Bylaw 12 allowing schools and EA to use them more liberally (original objective or tabled props, to ensure some more revenue for schools)
3. Creation of SAs IP and image rights (sub)Division (much like: )
a. Do we then proceed further w/ differentiation b/t starters and non-starters?
b. How would we calculate value to MI and EA from SAs likenesses’ use?
4. (this should be first, due to vacuum legis, i.e. not covered by Bylaw 12 as of now)
INCLUDE video games use of SAs likenesses, etc. Regulate if desirable (how much, etc, according to props re: ads, etc.)
Could theorize, according to the legal portion, action by SAs to protect their RoP and related IP rights. Pts would be along the lines of what Jurisprudence dealt with in pro sports cases, lacking NCAA SAs likenesses case law. What else could we propose?
COULD WE DO THIS IN ONE BIG MANUSCRIPT?
FEASIBLE?
TOO MUCH ON NCAA AMATEURISM AND NCAA SA LIKENESS I FEEL TO DO SO, BUT ALWAYS OPEN TO SUGGESTIONS…
---------- Forwarded message ----------
From: Tassos Kaburakis
Date: Oct 6, 2007 1:15 PM
Subject: Re: Sport and EU contact and post samples
To: mmccann@mc.edu
For our reference, and for me not to lose it in cyberspace:)
Will be thinking and collecting some stuff on this Mike.
Have a fabulous weekend
T
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|Wednesday, September 26, 2007 |
Controversial NCAA Proposal Would Allow Colleges to Cash In on Players' Images
By LAUREN SMITH
A controversial proposal by the National Collegiate Athletic Association would broaden the way companies are allowed to use college athletes in advertising campaigns, giving athletics departments more opportunities to trade on players' popularity.
The proposal, which an NCAA panel will vote on in January, has attracted little attention because it was introduced as an amendment to existing rules.
Athletics officials who support the proposal say that they aren't seeking to exploit athletes, and that the changes would align outdated NCAA rules with today's technologies. Some players also support the amendment.
But critics say the proposal would go too far, allowing sponsors to expand their reach without compensating players for the use of their likenesses in commercial promotions. While players would continue to earn nothing for the use of their likenesses, their colleges, conferences, or the NCAA could reap profits from the advertisers.
Any move to broaden the use of athletes' images in advertisements is "misguided," says Amy P. Perko, executive director of the Knight Commission on Intercollegiate Athletics.
In the past, the commission has opposed any attempt to allow more commercial endorsements in college sports. Next month it plans to discuss the proposal at a meeting in Washington.
What's Permissible?
As it is now, companies are allowed to include pictures or images of college athletes in their advertisements as long as the athletes do not promote commercial ventures. In addition, companies are permitted to show only their corporate logos and names, not their products.
Under the proposed changes -- which were introduced in June by a panel on academics and eligibility, a powerful NCAA committee made up of athletics officials and faculty members -- companies would be allowed to advertise their products and services in association with pictures or images of college athletes, as long as the players did not specifically endorse the products.
Making such changes would provide colleges, conferences, and the NCAA "greater flexibility in developing relationships with commercial entities that benefit the athletics program, the proposal says.
Some faculty members, lawyers for athletes, and college-sports watchdog groups say the plan would undermine players' ability to be paid for advertisements in which they appear, and strip them of a say in how their likenesses are used.
"There is a little bit of disingenuousness in this," said Ellen J. Staurowsky, a professor and chair of the graduate program in the department of sport management and media at Ithaca College. Until players are compensated by the advertisers, she said, "these kinds of practices are problematic."
Marc Isenberg, a lawyer who has written about the commercialization of college sports, said broadening the ability of companies to use athletes' images was a "slippery slope."
"The problem I see," he says, "is that student-athletes retain little if any control over the athletic department's use of their likenesses."
That could lead to problems like one that arose several years ago, he said, when MET-Rx, a nutrition company, sponsored players of the week at some Pacific-10 Conference institutions. Later some of the company's nutritional supplements were found to contain androstenedione, which is banned by the Food and Drug Administration because it poses health risks similar to those of steroids.
In 2005 the NCAA faced criticism for a Web promotion by Pontiac that posted pictures of new cars beside college-football video highlights. The ad allowed fans to vote for their favorite game-changing play and awarded $5,000 scholarship contributions to winning institutions.
Critics assailed the NCAA, saying it was using the players to sell cars. Despite the display of vehicles, the association declared the campaign a football promotion, and not a commercial promotion.
Misunderstood Intentions
In 2005, the NCAA considered broadening the rules governing the use of players' names and pictures, but the proposal was modified by a committee before it was adopted, marginalizing its effectiveness.
Two athletics officials who helped write the new proposal defend it vigorously, saying it is intended only to clarify NCAA rules introduced decades ago, when the Internet and other multimedia platforms did not exist.
Current rules about permissible commercial endorsements apply only to printed advertisements. The proposed change would give athletics departments guidance in dealing with evolving media such as streaming Internet and cellphone technologies.
Michael Rogers, faculty athletics representative at Baylor University and chairman of the NCAA's subcommittee on amateurism and agents, said some people have misunderstood the proposal's intentions.
"There was some fear originally that it would allow a student-athlete to hold up a can of soda and say, 'Buy this, drink this,'" Mr. Rogers said. "That's not what we're doing."
Christine A. Plonsky, director of women's athletics at the University of Texas at Austin, emphasized that the proposal would still protect athletes from commercial exploitation. "There are many, many ways that we can present messages where the company's message is definitely attached to the activity, but you're not asking a student-athlete to endorse or in any way back the actual product," she said.
Audiences are "sophisticated enough," she said, "to know what they're being dealt in a commercial or a sponsorship message."
The NCAA's Division I Student-Athlete Advisory Committee, made up of 30 athletes and former athletes from various conferences, supports the measure.
Kerry Kenny, a former basketball player at Lafayette College and the committee's vice chairman, served on a study group that examined how athletes' names and pictures should be used. The group concluded that the current rules needed updating.
As long as athletes are portrayed in a positive light, Mr. Kelly said, "we were all for any legislation or direction the NCAA was going to take."
Some high-profile athletes, too, like the idea. Chris Lofton, a preseason all-American basketball player at the University of Tennessee, said he loved seeing his image broadcast and would have no problem being a part of a product advertisement.
"It's good for the school, it's good for the players, and good for the team," he said.
He just had one suggestion for the NCAA: If players' names and pictures are used, why not pay them?
---------- Forwarded message ----------
From: Tassos Kaburakis
Date: Oct 6, 2007 2:19 PM
Subject: Re: Sport and EU contact and post samples
To: mmccann@mc.edu
Mike, the prop referred to in the Chronicle article was 2007-26...
Also important is the following interp. (bear in mind that frequently these are revised and revisited by membership services staff, after they consult with supervisors and get official word from respective Committees)
At this point, I feel Bylaw 12.5 is problematic in re: EA Sports application... It is not per se encompassing such use and this is something that has been discussed but still not addressed legislatively. Soon, I feel, we'll have yet another amendment, to that end, as the following material demonstrates.
I quote pertinent parts from the said Bylaw herein, as they stand in the 07-08 Manual, after the amendments attached below:
from 12.5.1.1 (Bold added)
(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any
nonprofit agency; (Adopted: 1/10/92)
(h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight
films or media guides per Bylaw 12.5.1.8) may be sold only at the member institution at which the
student-athlete is enrolled, institutionally controlled (owned and operated) outlets or outlets controlled
by the charitable or educational organization ( e.g., location of the charitable or educational organization,
site of charitable event during the event). Items that include an individual student-athlete's name, picture
or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items
(e.g., media guide, schedule cards, institutional publications), may not be sold; and (Adopted: 1/16/93,
Revised: 1/9/96, 4/27/06 effective 8/1/06)
juxtapose Prop 2007-26 with:
12.5.1.4 (current) Commercial Advertisement. It is permissible for a student-athlete's name or picture, or the group
picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial
product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's congratulations to the studentathlete
or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated
or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually
or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete's
name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation
in a member institution's promotional activities and the advertisement involves the announcement of receipt
of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official
interpretations approved by the Management Council.
NCAA Bylaw Interpretation
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Amateurism -- Institutional, Charitable, Educational Or Nonprofit Promotions -- Sale Of Items Bearing Names, Likenesses Or Pictures Of Student-Athletes (I)
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Date Issued: Jan 07, 2006
Type: Ed. Column
Item Ref: 1
Interpretation:
Question: How would this legislation apply to an institutional promotion using multiple student-athletes' pictures?
Answer: The proposal does not change the application of NCAA Bylaw 12.5.1.1 as it relates to institutional promotions that involve pictures of multiple student-athletes. The intent of the proposal is to prohibit the sale of items that include an individual student-athlete's name, picture or likeness [other than informational items (e.g., media guide, schedule cards, institutional publications)].
Question: Would this proposal still allow an institution to sell items that include the names, pictures or likenesses of individual student-athletes through institutionally controlled outlets [other than informational items (e.g., media guide, schedule cards, institutional publications)]?
Answer: No. The proposal would preclude the sale of such items by the institution, as well as other entities.
Question: Would this legislation preclude companies from using a student-athlete's likeness in sports video games?
Answer: Current legislation (Bylaw 12.5.2.2) and interpretations already specify that if a student-athlete's name or picture (or likeness) appears on a commercial item or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. The proposal would not change the application of this legislation.
TK: THIS IS A PRETTY POOR ANSWER IN MY BOOK... I AM SORRY BUT THIS NEEDS ADDRESSING.
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See Also:
None
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|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.1 |Institutional, Charitable, Education or Nonprofit Promotions. |
|[pic] |12.5.2.2 |Use of a Student-Athlete's Name or Picture without Knowledge or Permission. |
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Associated Proposals
| |DI 2005-25 AMATEURISM -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT PROMOTIONS -- SALE OF ITEMS BEARING NAMES, |
| |LIKENESSES OR PICTURES OF STUDENT-ATHLETES |
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NCAA Bylaw Interpretation
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Educational Column -- NCAA Division I Bylaws 12.5.2.1, 12.5.2.1.2 and 12.5.2.2 (Third Party Sale of Student-Athlete Photographs) (I)
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Date Issued: Sep 12, 2006
Type: Ed. Column
Item Ref: 1
Interpretation:
NCAA Division I institutions are reminded that current legislation does not permit an individual or agency (e.g., private photographer, news agency) to sell photographs of student-athletes with remaining eligibility for private use. Rather, NCAA Division I Bylaw 12.5.2.2 relieves the student-athlete (or the institution acting on behalf of the student-athlete) from the obligation to take steps (e.g., send a cease and desist request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
During its April 6, 2005, teleconference, the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations noted that such steps are unnecessary inasmuch as legal precedent affords individuals and agencies the right to sell photographs for private use. Further, the subcommittee noted that if a student-athlete's name or picture appears on any other commercial items or is used to promote a commercial product or service, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps (e.g., send a cease and desist request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
It is not permissible for an institution to permit (e.g., through a written agreement with a third-party) the sale of student-athlete photographs by an individual or agency for private use. The misuse of a student-athlete's picture in this manner continues to be a violation of Bylaw 12.5.2.1.
[References: Bylaws 12.5.2.1 (advertisements and promotions subsequent to enrollment); 12.5.2.1.2 (improper use of student-athlete's name or picture) and 12.5.2.2 (use of a student-athlete's name or picture without knowledge or permission)]
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See Also:
None
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.2.1 |Advertisements and Promotions After Becoming a Student-Athlete. |
|[pic] |12.5.2.1.2 |Improper Use of Student-Athlete's Name or Picture. |
|[pic] |12.5.2.2 |Use of a Student-Athlete's Name or Picture without Knowledge or Permission. |
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Associated Proposals Proposals: 0
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2005-4 AMATEURISM -- PROMOTIONAL ACTIVITIES -- COMMERCIAL FILMS
Status: Adopted - Final Process Diagram
Intent: To eliminate the prohibition on using footage of an institution's intercollegiate contest or event or individual performance of a student-athlete in a commercial film.
Bylaws: Amend 12.5.2.3.4, page 82, as follows:
"12.5.2.3 Specifically Restricted Activities. A student-athlete's involvement in promotional activities specified in this section is prohibited.
[12.5.3.2.1 through 12.5.3.2.3 unchanged.]
"12.5.2.3.4 Appearance in Commercial Films. Footage of an institution's intercollegiate game or event or of the individual performance of a student-athlete may not be used in a commercial movie unless all individuals appearing in the footage have exhausted their seasons of eligibility."
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance Cabinet)(Subcommittee on Agents and Amateurism)].
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Current media activities legislation permits a student-athlete to participate in radio and television programs, writing projects and commercial films, provided the student-athlete meets certain criteria. The criteria include prohibiting the student-athlete from accepting compensation or endorsing a commercial product. Expanding the application of the media activities legislation to permit the use of footage of an institution's intercollegiate game or event or student-athlete's individual performance will create consistency in legislation while not compromising amateurism principles or student-athlete well-being. The change also will eliminate the need for unnecessary reinstatement requests when footage appears in a commercial film without the knowledge of the institution or student-athlete.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
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History
|Feb 18, 2005 |Academics/Eligibility/Compliance Cabinet; The cabinet unanimously requests that the Management Council adopt |
| |noncontroversial legislation, effective immediately, eliminating the current restriction on footage of an |
| |institution's intercollegiate contest or event or individual performance of a student-athlete. |
|Feb 21, 2005 |Submit; Submitted for consideration. |
|Apr 11, 2005 |Mgmt Council 2nd Review; Designated the proposal as noncontroversial (Unanimous Voice Vote.); approved and |
| |agreed to request that the Board use its authority to adopt the proposal as noncontroversial legislation. |
| |(Unanimous Voice Vote) |
|Apr 28, 2005 |Board Consideration, Adopted; Adopted the proposal as noncontroversial legislation. (Unanimous Voice Vote) |
|Apr 28, 2005 |Adopted, Override Period; Start of Override Period |
|Jun 23, 2005 |Adopted, Override Period; End of Override Period |
|Jun 23, 2005 |Adopted; Adopted - Final |
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| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.2.3 |Specifically Restricted Activities. |
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| |
| |
|Associated Interps |
|No interps found |
| |
| |
|Associated Proposals |
|No related proposals found |
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| |
| |
|Associated ARS Cases |
|No ARS cases found |
2005-24 AMATEURISM-- PROMOTIONAL ACTIVITIES -- USE OF A STUDENT-ATHLETE'S NAME OR PICTURE TO PROMOTE A CAMP
Status: Adopted - Final Process Diagram
Intent: To specify that a violation of the bylaw restricting the use of a student-athlete's name or picture to directly advertise or promote a camp does not affect the involved student-athlete's eligibility.
Bylaws: Amend 12.5.1.7, page 81, as follows:
"12.5.1.7 Camps. An institutional or privately owned camp may use a student-athlete's name, picture and institutional affiliation only in the camp counselor section in its camp brochure to identify the student-athlete as a staff member. A student-athlete's name or picture may not be used in any other way to directly advertise or promote the camp. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however and do not affect the student-athlete's eligibility."
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance Cabinet) (Committee on Student-Athlete Reinstatement)].
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: This proposal is consistent with efforts to deregulate the manual and streamline the student-athlete reinstatement process. Violations of this bylaw deal with situations where the student-athlete's name or picture is used inappropriately in a camp brochure or to directly advertise or promote a camp. Student-athletes have no culpability for these violations and no competitive advantage is gained. Historically, student-athletes involved in these violations have been reinstated without conditions. Therefore, consistent with other deminimus violations, this violation should no longer effect eligibility.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet unanimously supports Proposal No. 2005-24 as written. The cabinet agrees with the sponsor's rationale that student-athletes have no culpability for these violations and no competitive advantage is gained. In addition, student-athletes historically have been reinstated without conditions for such violations.
Primary Contact Person:
na
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History
|Feb 18, 2005 |Academics/Eligibility/Compliance Cabinet, Recommends Approval |
|Apr 15, 2005 |Submit; Submitted for consideration. |
|Sep 09, 2005 |Academics/Eligibility/Compliance Cabinet, Recommends Approval; See position statement. |
|Jan 08, 2006 |Mgmt Council 1st Review, Approved; (Unanimous Voice Vote) |
|Jan 09, 2006 |Board Consideration, Adopted; (Unanimous Voice Vote) |
|Jan 09, 2006 |Adopted, Override Period; Start of Override Period |
|Mar 12, 2006 |Adopted, Override Period; End of Override Period |
|Mar 12, 2006 |Adopted; Adopted - Final |
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| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.7 |Camps. |
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| |
| |
|Associated Interps |
|No interps found |
| |
| |
|Associated Proposals |
|No related proposals found |
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| |
|Associated ARS Cases |
|No ARS cases found |
2005-25 AMATEURISM -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT PROMOTIONS -- SALE OF ITEMS BEARING NAMES, LIKENESSES OR PICTURES OF STUDENT-ATHLETES
Status: Adopted - Final Process Diagram
Intent: To specify that commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight films or media guides) may be sold only at the member institution at which the student-athlete is enrolled, institutionally controlled outlets or outlets controlled by a charitable or educational organization; further, to specify that items that include an individual student-athlete's name, picture or likeness (other than informational items), may not be sold.
Bylaws: Amend 12.5.1.1, pages 78-79, as follows:
"12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized entity thereof (e.g. sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to support its charitable or educational activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
[12.5.1.1-(a) through (g) unchanged.]
"(h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight films or media guides per Bylaw 12.5.1.8) may be sold only at the member institution at which the student-athlete is enrolled, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable or educational organization (e.g., location of the charitable or educational organization, site of charitable event during the event). Items that include an individual student-athlete's name, picture or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold; and"
[Remainder of 12.5.1.1 unchanged.]
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance Cabinet) (Subcommittee on Agents and Amateurism)].
Effective Date: August 1, 2006
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: In an effort to address concerns related to student-athlete exploitation, an individual student-athlete's name, picture or likeness should not be used in connection with for-sale ventures. Some examples of these for-sale ventures include jerseys with a student-athlete's name and bobble-head dolls that are sold in campus stores. It is important to note that a distinction was made between producing items with a student-athlete's name, picture or likeness for sale versus providing these items as part of a marketing or promotional event, such as give-a-ways at games (e.g., posters, schedule cards, bobble-head dolls). Numerous discussions with institutional personnel and student-athletes and two national surveys were conducted of institutional presidents and chancellors and athletics department marketing personnel. The survey results indicate that although a majority of institutions are not using student-athletes in this manner, institutions should be held to the same standards as noninstitutional entities. Therefore, individual student-athletes should not be used in for- profit ventures in a manner that may be perceived as exploitive. Finally, no change is being recommended in regard to allowing student-athletes to be involved in charitable promotional activities.
Estimated Budget Impact: Potential impact on those institutions that currently use the name, picture or likeness of student-athletes in retail sales.
Impact on Student Athlete's Time: None.
Position Statement(s)
:
Primary Contact Person:
na
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History
|Feb 18, 2005 |Academics/Eligibility/Compliance Cabinet, Recommends Approval |
|Apr 15, 2005 |Submit; Submitted for consideration. |
|Sep 09, 2005 |Academics/Eligibility/Compliance Cabinet; The cabinet agreed to modify the proposal to specify that items |
| |featuring an individual student-athlete's name, picture or likeness (e.g., name on a jersey, bobble head |
| |doll), other than informational items, may not be sold. However, items containing the name, picture or |
| |likeness of an individual student-athlete that are informational in nature (e.g., media guide, schedule cards,|
| |institutional publications) or items with names or pictures of two or more student-athletes may be sold only |
| |at the member institution at which the student-athlete is enrolled, institutionally controlled (owned and |
| |operated) outlets or outlets controlled by a charitable or educational organization (e.g., location of the |
| |charitable or educational organization, site of charitable event during the event). |
|Jan 08, 2006 |Mgmt Council 1st Review, Approved - (Yea=44, Nay=7, Abstain=0, Not Present=0) |
|Jan 09, 2006 |Board Consideration; Deferred Action until April 2006. |
|Apr 27, 2006 |Board Consideration, Adopted - (Yea=10, Nay=7, Abstain=0, Not Present=1) |
|Apr 27, 2006 |Adopted, Override Period; Start of Override Period |
|Jun 26, 2006 |Adopted, Override Period; End of Override Period |
|Jun 26, 2006 |Adopted; Adopted - Final |
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| |
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.1 |Institutional, Charitable, Education or Nonprofit Promotions. |
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| |
| |
|Associated Interps |
| |Ed. Column |Jan 07, 2006 1 |Amateurism -- Institutional, Charitable, Educational Or Nonprofit |
| | | |Promotions -- Sale Of Items Bearing Names, Likenesses Or Pictures Of |
| | | |Student-Athletes (I) |
| |
| |
|Associated Proposals |
|No related proposals found |
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| |
|Associated ARS Cases |
|No ARS cases found |
2005-26 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT PROMOTIONS
Status: Withdrawn - Final Process Diagram
Intent: To revise the restrictions related to the use of a student-athlete's name, picture or appearance in institutional, charitable, educational or nonprofit promotional activities, as specified.
Bylaws: Amend 12.5.1.1, page 78, as follows:
"12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
"(a) The student-athlete receives written approval to participate from the institution's president or chancellor director of athletics (or his or her designee who may not be a coaching staff member), subject to the limitations on participants in such activities as set forth in Bylaw 17;
"(b) The specific activity or project in which the student-athlete participates does not involve cosponsorship, advertisement or promotion by a commercial agency, except as follows: other than through the reproduction of the sponsoring company's officially registered regular trademark or logo on printed materials such as pictures, posters or calendars. The company's emblem, name, address and telephone number may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) are prohibited;
"(1) Identification (e.g., graphics, voice over, on-screen text) of the commercial entity must explain the commercial entity's affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency (e.g., entity is the official sponsor of the institution or event); and
"(2) The appearance or description of the commercial product(s) or service(s) and/or the commercial entity's logo(s) may be included, but may not exceed 25% of the total promotional activity. Further, language or action included in the promotion may not directly encourage the use or purchase of the commercial product or service (e.g., drink this product) with which the commercial entity is associated;
"(c) The name or picture of a student-athlete with remaining eligibility may not appear on an institution's printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a commercial entity is associated if the commercial entity's officially registered regular trademark or logo also appears on the item;"
[12.5.1.1-(d) through 12.5.1.1-(i) relettered as 12.5.1.1-(c) through 12.5.1.1-(h), unchanged.]
Source: NCAA Division I Board of Directors.
Effective Date: August 1, 2006
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: While technological developments have increased the opportunities for multimedia promotions, current legislation has limited the potential to partner with commercial entities to advance initiatives such as educational mission and the value of the student-athlete experience. This proposal would increase the flexibility to engage in various types of promotions while maintaining the current restrictions on the types of entities (i.e., institutional, charitable educational, nonprofit) that may use the name, picture or appearance of a student-athlete. The requirement to have the institution's president or chancellor approve these promotional activities is not intended to have the president or chancellor approve every promotional activity. However, the expectation is that the president or chancellor will oversee the activities to ensure that the institution's obligation to protect the student-athlete from exploitation is balanced with the institution's need to enhance the mutual benefits derived from a relationship with corporate entities. Both the requirement to identify the relationship between the commercial and permissible entities and the 25% limitation serves to maintain the focus of the promotion on the permissible entity. Finally, the principle of amateurism is sustained through precluding any encouragement of the purchase or use of the product and the prohibition on any direct endorsement of a student-athlete.
Estimated Budget Impact: Potential for increased revenue.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet opposes Proposal No. 2005-26. The cabinet is concerned that, as written, the proposal may compromise the "principle" of amateurism and is not consistent with limitations on the use of the names or pictures of student-athletes in other bylaws (e.g., camp brochures). Further, allowing 25 percent of the promotion to include the presence of a commercial entity will be difficult to calculate consistently among institutions.
Primary Contact Person:
na
[pic]
History
|Aug 08, 2005 |; Board of Directors sponsored the proposal. |
|Aug 10, 2005 |Submit; Submitted for consideration. |
|Sep 09, 2005 |Academics/Eligibility/Compliance Cabinet; See position statement. |
|Jan 08, 2006 |Mgmt Council 1st Review; Defeated a motion to initially approve the proposal. - (Yea=14, Nay=37, Abstain=0, |
| |Not Present=0) |
|Jan 08, 2006 |Mgmt Council 1st Review; Approved a motion for reconsideration of the proposal. - (Yea=29.5, Nay=21.5, |
| |Abstain=0, Not Present=0) |
|Jan 08, 2006 |Mgmt Council 1st Review; Defeated a motion to initially approve the proposal. - (Yea=22.5, Nay=28.5, |
| |Abstain=0, Not Present=0) |
|Jan 08, 2006 |Mgmt Council 1st Review, Forward w/o Position; Approved a motion to forward the proposal to the membership for|
| |review and comment without taking a formal position of support or opposition. - (Yea=29.5, Nay=21.5, |
| |Abstain=0, Not Present=0) |
|Jan 08, 2006 |Mgmt Council 1st Review; Defeated a motion to forward the proposal to the membership for review and comment. -|
| |(Yea=24, Nay=27, Abstain=0, Not Present=0) |
|Jan 09, 2006 |Comment Period; Start of Comment Period |
|Mar 12, 2006 |Comment Period; End of Comment Period; (Official Comment Totals: Support = 1, Oppose = 12, Abstain = 0) |
|Apr 10, 2006 |Mgmt Council 2nd Review, Withdrawn; (Unanamous Voice Vote). |
|Apr 10, 2006 |Withdrawn; Withdrawn - Final |
[pic]
[pic][pic][pic]
| |
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.1 |Institutional, Charitable, Education or Nonprofit Promotions. |
[pic]
| |
| |
|Associated Interps |
| |Ed. Column |Jan 07, 2006 2 |Amateurism -- Promotional Activities -- Institutional, Charitable, |
| | | |Educational Or Nonprofit Promotions (I) |
| |
| |
|Associated Proposals |
|No related proposals found |
[pic][pic][pic][pic]
| |
| |
|Associated ARS Cases |
|No ARS cases found |
---
2005-99 AMATEURISM -- PROMOTIONAL ACTIVITIES -- PROMOTION BY THIRD PARTY OF HIGHLIGHT FILM, VIDEOTAPE OR MEDIA GUIDES
Status: Defeated - Final Process Diagram
Intent: To allow institutions to designate a third party to sell photographs of student-athletes in the same manner as the sale of highlight films and media guides.
Bylaws: Amend 12.5.1.8, pages 80-81, as follows:
"12.5.1.8 Promotion by Third Party of Highlight Film, Videotape, Photographs or Media Guide. Any party other than the institution or a student-athlete (e.g., a distribution company) may sell and distribute an institutional highlight film or videotape or an institutional or conference media guide or photograph that contains the names and pictures of enrolled student-athletes only if:
"(a) The institution specifically designates any agency that is authorized to receive orders for the film, videotape, photograph or media guide;
[12.5.1.8-(b) unchanged.]
"(c) The distribution company or a retail store is precluded from using the name or picture of an enrolled student-athlete in any poster or other advertisement to promote the sale or distribution of the film, photograph or media guide; and
[Remainder of 12.5.1.8 unchanged.]
Source: NCAA Division I Management Council (Big West Conference).
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Many athletics departments contract with individuals to serve as staff photographers. These individuals provide the photos for media guides, promotional materials, Web site use, etc. In this day and age of digital photography, many of these photographers have Web sites set up to sell their photographs to individuals for personal use. These Web sites are controlled by the photographer and are maintained separately from any institution. Current legislation prohibits the sale of these photos by anyone other than the member institution. By allowing institutions to specifically designate another party to sell and distribute photographs from the individual's Web site in a manner similar to that for media guides and highlight films, institutions can avoid the cost and time involved with funneling the sale of these photographs through the institution. This legislation would only apply to the sale of photographs (as opposed to any other commercial item) and is consistent with recent interpretations issued by NCAA Division I Legislative Review/Interpretations Committee.
Estimated Budget Impact: May save member institutions set up and distribution costs associated with selling photos for personal use.
Impact on Student Athlete's Time: None.
Position Statement(s)
Academics/Eligibility/Compliance Cabinet: The cabinet unanimously opposes Proposal No. 2005-99. It is appropriate for the institution to maintain control over the sale of photographs of student-athletes. Student-athletes should not be used by a third party in for-profit ventures because it may be perceived as exploitative.
Primary Contact Person:
Erica Satterfield, Assistant Commissioner
Big West Conference
2 Corporate Park
Suite 206
Irvine, CA 92606
Phone: 949/261-2525 Email: esatterfield@
[pic]
History
|Jul 14, 2005 |Submit; Submitted for consideration. |
|Sep 09, 2005 |Academics/Eligibility/Compliance Cabinet; See position statement. |
|Jan 08, 2006 |Mgmt Council 1st Review, Approved - (Yea=33.5, Nay=17.5, Abstain=0, Not Present=0) |
|Jan 08, 2006 |Mgmt Council 1st Review; Defeated a proposed amendment to limit the sale of photographs to student-athletes |
| |only. - (Yea=2, Nay=48, Abstain=1, Not Present=0) |
|Jan 09, 2006 |Comment Period; Start of Comment Period |
|Mar 12, 2006 |Comment Period; End of Comment Period; (Official Comment Totals: Support = 10, Oppose = 10, Abstain = 0) |
|Apr 10, 2006 |Mgmt Council 2nd Review, Defeated - (Yea=17, Nay=32, Abstain=0, Not Present=2) |
|Apr 10, 2006 |Defeated; Defeated - Final |
[pic]
[pic][pic][pic]
| |
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.8 |Promotion by Third Party of Highlight Film, Videotape or Media Guide. |
[pic]
| |
| |
|Associated Interps |
|No interps found |
| |
| |
|Associated Proposals |
|No related proposals found |
[pic][pic][pic][pic]
| |
| |
|Associated ARS Cases |
|No ARS cases found |
---
2007-4 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT PROMOTIONS -- DE MINIMIS VIOLATIONS -- WRITTEN APPROVAL
Status: Adopted - Final Process Diagram
Intent: To specify that a violation of the promotional activities legislation in which the only condition of the legislation not satisfied is the failure to obtain written approval from the director of athletics (or his or her designee who may not be a coaching staff member) shall not affect the student-athlete's eligibility, provided the approval would have been granted if requested.
Bylaws: Amend 12.5.1.1, as follows:
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
[12.5.1.1-(a) through 12.5.1.1-(i) unchanged.]
[12.5.1.1.1 through 12.5.1.1.3 unchanged.]
12.5.1.1.4 Improper Use of Student-Athlete's Name or Picture Effect of Violations. If an institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.1.1, the violation shall be considered an institutional violation; however, the student-athlete's eligibility shall not be affected. In addition, a violation of Bylaw 12.5.1.1 related to any permissible promotional activity in which the only condition of the legislation not satisfied is the failure to obtain written approval from the director of athletics (or his or her designee who may not be a coaching staff member) shall be considered an institutional violation; however, the student-athlete's eligibility shall not be affected, provided the approval would have been granted if requested.
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Committee on Student-Athlete Reinstatement).
Effective Date: Immediate
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Currently, in a case in which a student-athlete is involved in a permissible promotional activity, even if all other conditions of the legislation are satisfied, if the director of athletics (or designee) did not provide written approval prior to the activity, the student-athlete's eligibility is affected. When violations are currently reported, if all other conditions of the legislation are satisfied and the director of athletic (or designee) would have granted approval, the student-athlete's eligibility is reinstated without conditions. In an effort to decrease bureaucracy, the legislation should be amended to specify that such violations do not affect the student-athlete's eligibility. Institutions will still be required to report such violations to the NCAA enforcement staff. This provision will apply to all permissible promotional activities, including institutional and noninstitutional charitable, educational or nonprofit promotions. This change is requested as noncontroversial legislation, inasmuch as broader consultation and debate are unlikely to improve the proposal in any substantial way, significant disagreement or alternative points of view will not be generated and there does not appear to be a significant impact on existing legislation or proposed legislation.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
[pic]
History
|Dec 06, 2006 |Submit; Submitted for consideration. |
|Dec 07, 2006 |Student-Athlete Reinstatement Committee, Recommends Approval |
|Feb 14, 2007 |Academics/Eligibility/Compliance Cabinet; Requested Management Council consider approval as noncontroversial |
| |legislation. |
|Apr 16, 2007 |Mgmt Council 1st Review, Approved; (Unanimous Voice Vote.) |
|Apr 16, 2007 |Mgmt Council 1st Review, Supported as Noncontroversial/Emergency Legislation; (Unanimous Voice Vote.) |
|Apr 26, 2007 |Board Consideration, Adopted |
|Apr 27, 2007 |Adopted, Override Period; Start of Override Period |
|Jun 25, 2007 |Adopted, Override Period; End of Override Period |
|Jun 25, 2007 |Adopted; Adopted - Final |
[pic]
[pic][pic][pic]
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.1 |Institutional, Charitable, Education or Nonprofit Promotions. |
|[pic] |12.5.1.1.4 |Effect of Violations. |
[pic]
| |
|Associated Interps |
|No interps found |
| |
|Associated Proposals |
|No related proposals found |
[pic][pic][pic][pic]
| |
|Associated ARS Cases |
|No ARS cases found |
---
2007-25 AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE, EDUCATION OR NONPROFIT PROMOTIONS -- COSPONSORSHIP AND SALE OF PHOTOGRAPHS
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that a permissible promotional activity may involve co-sponsorship by a commercial entity, as approved by the institution, subject to the following conditions: (a) The promotion must identify the commercial entity and explain its affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency; (b) The promotion may not include language or action (e.g. voice-over, use of product of services, product placement, text) which directly encourages the use or purchase of a commercial product or service; (c) A co-sponsor's product or service may not be included in the promotional activity, except for the normal use of athletics equipment and apparel; and (d) The promotion may not include co-sponsorship by a commercial agency that is involved in or promotes sports wagering activities. Further, to eliminate the requirement that all moneys derived from a promotional activity go directly to the institution or conference or to the charitable, educational or nonprofit agency. In addition, to permit promotional activities to occur at the location of a commercial establishment, which may be a co-sponsor of the activity, provided the student-athlete does not promote the sale of a commercial product or service. Finally, to permit an institution to designate a third party that may sell and distribute institutional photographs of student-athletes, under specified conditions.
Bylaws: Amend 12.5.1, as follows:
12.5.1 Permissible.
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use feature a student-athlete's name, picture, likeness or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
(a) The student-athlete receives written approval to participate from thepromotional activity must be approved by the institution's director of athletics (or his or her designee who may not be a coaching staff member), subject to the limitations on participants in such activities as set forth in Bylaw 17;
(b) The specific promotional activity or project in which the student-athlete participates does not may involve co-sponsorship, advertisement or promotion by a commercial agency entity, as approved by the institution, subject to the following conditions: other than through the reproduction of the sponsoring company's officially registered regular trademark or logo on printed materials such as pictures, posters or calendars. The company's emblem, name, address and telephone number may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) are prohibited;
(1) The promotion must identify (e.g., via graphics, voice over, text the commercial entity and explain its affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency (e.g., entity is the official sponsor of the institution or event);
(2) The promotion may not include language or action (e.g., voice-over, text) which directly encourages the use or purchase of a commercial product or service;
(3) A co-sponsor's product or service may not be included in the promotional activity, except for the normal use of athletics equipment and apparel; and
(4) The promotion may not include co-sponsorship by a commercial agency that is involved in or promotes sports wagering activities.
(c) The name or picture of a student-athlete with remaining eligibility may not appear on an institution's printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a commercial entity is associated if the commercial entity's officially registered regular trademark or logo also appears on the item;
(dc) The student-athlete does shall not miss class;
(e) All moneys derived from the activity or project go directly to the member institution, member conference or the charitable, educational or nonprofit agency;
[12.5.1.1-(f) relettered as 12.5.1.-(d), unchanged.]
(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency;
(he) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight films, photographs or media guides per Bylaw 12.5.1.8 ) may be sold only at the member institution at which the student-athlete is enrolled, the institution's conference, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable , or educational or nonprofit organization (e.g., location of the charitable or educational organization, site of charitable event during the event). Items that include an individual student-athlete's name, picture or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold; and
[12.5.1.1-(i) relettered as 12.5.1.1-(f), unchanged.]
12.5.1.1.1 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or third part acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use feature the name or picture of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs.
12.5.1.1.2 Promotions Involving Commercial Locations/Sponsors. A member institution or a charitable, educational or nonprofit organization may use feature the appearance, name or picture of an enrolled student-athlete to promote generally its fundraising activities at the location of a commercial establishment, provided the commercial establishment is not which may be a co-sponsor of the event activity, provided and the student-athlete does not promote the sale of a commercial product or service in conjunction with the fundraising activity. A commercial establishment would become a co-sponsor if the commercial establishment either advertises the presence of the student-athlete at the commercial location or is involved directly or indirectly in promoting the activity.
[12.5.1.1.3 through 12.5.1.1.4 unchanged.]
[12.5.1.2 through 12.5.1.3 unchanged.]
12.5.1.4 Commercial Advertisement. It is permissible for a student-athlete's name or picture, or the group picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided:
[12.5.1.4-(a) through 12.5.1.4-(e) unchanged.]
12.5.1.4.1 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes the name or picture of a student-athlete may include language other than the commercial product's name, trademark or logo, provided the commercial language does not appear on the same page as the picture of the student-athlete.
[12.5.1.5 through 12.5.1.7 unchanged.]
12.5.1.8 Promotion by Third Party of Highlight Film, Videotape, Photographs or Media Guide. Any party other than the institution or a student-athlete (e.g., a distribution company) may sell and distribute an institutional highlight film or videotape or an institutional or conference media guide or photograph that contains the names and pictures of enrolled student-athletes only if:
(a) The institution specifically designates any agency that is authorized to receive orders for the film, videotape, photograph or media guide;
[12.5.1.8-(b) unchanged.]
(c) The distribution company or a retail store is precluded from using the name or picture of an enrolled student-athlete in any poster or other advertisement to promote the sale or distribution of the film, photograph or media guide; and
(d) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or services of the advertiser.
[12.5.1.8-(d) unchanged.]
[Remainder of 12.5.1 unchanged.]
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: The elimination of the requirement that the appearance of a commercial co-sponsor be limited to the reproduction of the sponsoring company's officially registered regular trademark or logo does not open the door to elaborate advertisements. It simply deregulates an outdated and often confusing standard. The current legislation addresses this limitation in the context of printed items. Interpretations were necessary to extend the limitation to other media. The requirement that the relationship between the institution and the commercial co-sponsor must be explained in the promotional activity will further the protection of the student-athlete from commercial exploitation. It also is important that the relationship or affiliation of the commercial co-sponsors with the institution, conference or noninstitutional charitable, education or nonprofit entity be explained as a part of the promotional activity. In activities that have multiple commercial co-sponsors, a common relationship or affiliation need not be explained separately for each commercial co-sponsor. Further, the product or service of a co-sponsor may not be included in the promotional activity, except for the normal use of athletics equipment and apparel. Athletics apparel and equipment manufacturers that support an institution's athletics program should be allowed to be recognized as sponsors when the apparel or equipment is in normal use in an athletics context.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
[pic]
History
|Jun 12, 2007 |Submit; Submitted for consideration. |
|Jun 13, 2007 |Academics/Eligibility/Compliance Cabinet, Sponsored |
[pic]
[pic][pic][pic]
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.1 |Institutional, Charitable, Education or Nonprofit Promotions. |
|[pic] |12.5.1.1.1 |Promotions Involving NCAA Championships, Events, Activities or Programs. |
|[pic] |12.5.1.1.2 |Promotions Involving Commercial Locations/Sponsors. |
|[pic] |12.5.1.4 |Commercial Advertisement. |
|[pic] |12.5.1.4.1 |Schedule Cards. |
|[pic] |12.5.1.8 |Promotion by Third Party of Highlight Film, Videotape or Media Guide. |
[pic]
| |
|Associated Interps |
|No interps found |
| |
|Associated Proposals |
|No related proposals found |
[pic][pic][pic][pic]
| |
|Associated ARS Cases |
|No A |
2007-26 AMATEURISM -- PERMISSIBLE AND NONPERMISSIBLE PROMOTIONAL ACTIVITIES -- COMMERCIAL ADVERTISEMENT OR PROMOTION
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that an advertisement or promotion by a commercial entity (except for any entity that is involved in or promotes sports wagering) may feature competition video footage, competition audio or competition photographs involving a student-athlete with eligibility remaining, provided: (a) The advertisement or promotion is approved by the institution's athletics director (or his or her designee); (2) The advertisement or promotion identifies the commercial entity and explains its affiliation with the institution, conference or the NCAA; and (3) Any language or action included in the advertisement or promotion which directly encourages the use or purchase of a commercial product or service of the commercial entity may not be attributable to or made by the student-athletes, institution, conference or the NCAA.
A. Bylaws: Amend 12.5.1.4, as follows:
12.5.1.4 Commercial Advertisement or Promotion. It is permissible for a student-athlete's name or picture, or the group picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete's name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a member institution's promotional activities and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official interpretations approved by the Management Council.
An advertisement or promotion by a commercial entity (except for any entity that is involved in or promotes sports wagering) may feature competition video footage, competition audio or competition photographs involving a student-athlete with eligibility remaining, provided the following conditions are met:
(a) The advertisement or promotion must be approved by the institution's athletics director (or his or her designee, who shall not be a coaching staff member);
(b) The advertisement or promotion must identify (e.g., via graphics, voice-over, text) the commercial entity and explain its affiliation with the institution, conference or the NCAA (e.g., entity is the official sponsor of the institution or event); and
(c) Any language or action (e.g., voice-over, use of product or service, text) included in the advertisement or promotion that directly encourages the use or purchase of a commercial product or service of the commercial entity may not be attributed to or made by the student-athletes, institution, conference or the NCAA.
12.5.1.4.1 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes the name or picture of a student-athlete may include language other than the commercial product's name, trademark or logo, provided the commercial language does not appear on the same page as the picture of the student-athlete.
B. Bylaws: Amend 12.5.2, as follows:
12.5.2 Permissible
12.5.2.1 Advertisement and Promotions Subsequent to Enrollment. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind, except as permitted in Bylaw 12.5.1.4, or
[Remainder of 12.5.2.1 unchanged.]
12.5.2.2 Use of a Student-Athlete's Name or Picture without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission (or the institution's approval as permitted in Bylaw 12.5.1.4), the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.
[Remainder of 12.5.2 unchanged.]
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: This proposal addresses the appearance of the name, image or likeness of student-athletes in commercial advertisements or promotions by sponsors with whom institutions, conferences or the NCAA have an affiliation. The proposal was developed in the spirit of balancing the importance of commercial sponsors in maintaining a comprehensive athletics program and the importance of protecting student-athletes from being exploited by commercial entities. The appearance of student-athletes' names, pictures or likenesses in competition video footage, audio or pictures does not create a direct endorsement of commercial products or services. The ability to allow such advertisements or promotions provides an institution, conference or the NCAA greater flexibility in developing relationships with commercial entities that benefit the athletics program, while remaining cognizant of the principle prohibiting commercial exploitation of student-athletes. Further, the increased flexibility may increase the ability of an institution (or conference or the NCAA) to strengthen its relationship with commercial sponsors and increase the ability of institutions to support a comprehensive athletics program or the programming of the conference and the NCAA. The limitation on the use of student-athletes' names, pictures or likenesses to competition footage, audio, or photographs will protect student-athletes' time and continue to prohibit direct endorsements by student-athletes.
Estimated Budget Impact: Potential for increased revenue.
Impact on Student Athlete's Time: None.
Primary Contact Person:
na
[pic]
History
|Jun 12, 2007 |Submit; Submitted for consideration. |
|Jun 13, 2007 |Academics/Eligibility/Compliance Cabinet, Sponsored |
[pic]
[pic][pic][pic]
| |
|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.1.4 |Commercial Advertisement. |
|[pic] |12.5.1.4.1 |Schedule Cards. |
|[pic] |12.5.2 |Nonpermissible. |
|[pic] |12.5.2.1 |Advertisements and Promotions After Becoming a Student-Athlete. |
|[pic] |12.5.2.2 |Use of a Student-Athlete's Name or Picture without Knowledge or Permission. |
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|Associated Interps |
No interps found
| |
|Associated Proposals |
|No related proposals found |
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| |
|Associated ARS Cases |
|No ARS cases found |
2007-28 AMATEURISM -- PROMOTIONAL ACTIVITIES -- MEDIA ACTIVITIES -- USE OF A STUDENT-ATHLETE'S NAME, IMAGE OR LIKENESS TO PROMOTE COVERAGE OF COMPETITION
Status: Management Council Initial Formal consideration Process Diagram
Intent: To specify that a media entity may feature a student-athlete's name, image or likeness in promotions of its coverage of intercollegiate competition in which the student-athlete's institution will or may participate, or has previously participated, provided such use is limited to competition video footage, competition audio or competition photographs; further, to specify that media entities may feature a student-athlete's name, image, or likeness in their journalistic coverage of news (and the promotion of such coverage) related to the student-athlete or his or her institution or conference or the NCAA.
Bylaws: Amend 12.5.3, as follows:
12.5.3 Media Activities.
(a) 12.5.3.1 During the Playing Season. During the playing season, a student-athlete may appear on radio and television programs (e.g., coaches shows) or engage in writing projects when the student-athlete's appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete does not receive any remuneration for the appearance or participation in the activity. The student-athlete shall not make any endorsement, expressed or implied, of any commercial product or service. The student-athlete may, however, receive actual and necessary expenses directly related to the appearance or participation in the activity. A student-athlete participating in media activities during the playing season may not miss class, except for class time missed in conjunction with away-from-home competition or to participate in a conference-sponsored media day.
(b) 12.5.3.2 Outside the Playing Season. Outside the playing season, a student-athlete may participate in media activities (e.g., appearance on radio, television, in films or stage productions or participation in writing projects) when such appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete is eligible academically to represent the institution and does not receive any remuneration for such appearance or participation. The student-athlete may not make any endorsement, expressed or implied, of any commercial product or service. The student-athlete may, however, receive legitimate and normal expenses directly related to such appearance or participation, provided the source of the expenses is the entity sponsoring the activity.
12.5.3.3 Use of a Student-Athlete's Name, Image or Likeness by a Media Entity to Promote Coverage of an Intercollegiate Competition. A media entity, or its unauthorized distributor, may feature a student-athlete's name, image or likeness in promotions of its coverage of intercollegiate competition in which the student-athlete's institution will or may participate, or has previously participated. Use of a student-athlete's name, image or likeness in such promotions is limited to competition video footage, competition audio or competition photographs. Media entities may feature a student-athlete's name, image, or likeness in the course of their journalistic coverage of news (and the promotions of such coverage) related to the student-athlete or his or her institution or conference or the NCAA.
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism).
Effective Date: August 1, 2008
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: With the growth of media entities and their coverage of intercollegiate athletics events, it is important to clarify the permissible use of student-athletes' names, pictures or likenesses in such promotions. This proposal does not significantly change the current standard, but codifies the typical manner in which the broadcasts of intercollegiate competition may be promoted using the names, likenesses and photographs of student-athletes with eligibility remaining. The restriction of the use of student-athletes' names, pictures or likenesses to competition video footage, competition audio or competition photographs ensures that no additional student-athlete time will be spent in these promotional activities. It should be noted that it will remain permissible for news media to use the name and likeness of a student-athlete in the context of promoting its journalistic coverage of a competition, story or interview involving the student-athlete. Such use of a student-athlete's name or likeness traditionally has been considered to be informational and not intended to promote the use of the news media's products or services. Additional student-athlete involvement in media activities, such as in-game interviews or stories remains permissible and is specifically addressed in existing legislation.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: Would preclude time taken for promotions of contests or events.
Primary Contact Person:
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History
|Jun 12, 2007 |Submit; Submitted for consideration. |
|Jun 13, 2007 |Academics/Eligibility/Compliance Cabinet, Sponsored |
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|Associated Bylaws |
|Sel |Bylaw |Title |
|[pic] |12.5.3 |Media Activities. |
[pic]
| |
|Associated Interps |
|No interps found |
| |
|Associated Proposals |
|No related proposals found |
[pic][pic][pic][pic]
| |
|Associated ARS Cases |
|No ARS cases found |
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