Oregon State NIL Q&A
Purpose
Oregon State Athletics is committed to supporting student-athletes and their pursuit of name, image and likeness (NIL) activities in accordance with applicable NCAA and/or state and federal laws while continuing to uphold our mission to Build Excellent, Authentic, Visionary Student-Athletes. These NIL guidelines apply to all student-athletes participating in intercollegiate athletic programs at Oregon State University and establish clear expectations surrounding a student- athlete’s involvement in permissible NIL activities.
As a supporter and/or participant of Oregon State Athletics, you should be aware of some basic principles of the new NIL policy:
- Name, Image and Likeness compensation is not pay-for-play. Compensation must be provided to a student- athlete for a service based on their name, image and/or likeness and cannot be provided in exchange for athletic performance or achievement.
- Oregon State University staff and coaches may not broker NIL opportunities nor compensate student-athletes for use of their name, image and/or likeness.
- Compensation may not be provided as an inducement to attend Oregon State University or remain enrolled at the institution.
- Student-athletes may not enter a NIL contract that conflicts with federal, state or local law or activities that violate the OSU Student Code of Conduct
GENERAL NIL QUESTIONS
What is "NIL"?
NIL stands for name, image and likeness and refers to the rights of college athletes to monetize and profit from their personal brand, which consists of their name, image and likeness.
- Name: Legal Name, Nicknames, etc.
- Image: Video, Pictures, etc.
- Likeness: Autographs/Signature, Video Game Avatar, Animated Representation, etc.
What are examples of NIL activities?
Examples include student-athletes being compensated for endorsements, sponsored content on social media, autographs, personal appearances and/or providing sports lessons. This could also include royalties for video game appearances, t-shirt sales that includes an athlete’s likeness, or team jerseys.
May a NIL contract stipulate a student-athlete must compete for, or attend, a specific institution?
No, this would be a violation of Oregon State Senate Bill 5 and NCAA Bylaws.
Where can I read the entire OSU NIL Policy?
FOR STUDENT-ATHLETES
How can I get an NIL Deal?
Oregon State Senate Bill 5 prohibits the university or university employees from compensating you for use of your NIL. However, we can help educate you on your rights, your opportunities, and how to market and build your brand. If you want to learn more about NIL, Oregon State offers a multitude of resources to guide you. You have access to the free Opendorse platform, the Opendorse Masterclass on how to build your brand, Altius Sports Partners to answer questions on how to reach out to local and national brands yourself or to answer questions on contracts and local opportunities. We also provide NIL education through the College of Business, and Athletics Compliance creates easy to digest educational pieces on the Oregon State NIL Policy and SB5. If you are interested in joining “The Wood Shop” NIL Marketplace, or making yourself available on social media, fans can reach out and ask for autographs, lessons, personal appearances, social media endorsements, or to become brand ambassadors for local or national companies. We are still learning the multitude of ways you can make money using your NIL. At Oregon State, you will provided guidance on state law, and Oregon State's NIL policies, and will continue to receive this education from Athletics Compliance.
Wait, as an athlete, what are the rules again?
Navigating all the rules around NIL can be tricky, but Athletics Compliance is here to help. Our NIL Do's and Don'ts Poster will guide you through many of the questions you might come across. Once you understand the basics in the poster, you can read the full OSU NIL Policy to get a better understanding of our rules. These documents can be found at OSUBeavers.com/NIL. Remember, OSU coaches, faculty, and staff cannot create deals for you. Your name, image, and likeness, is all yours to build and monetize. OSU wants to help educate you on the rules, and even how to build your brand, but finding the deals is all in your hands. If you have any questions, you can reach out to Diana Ulrey in Athletics Compliance at diana.ulrey@oregonstate.edu.
FOR DONORS AND FANS
May a donor or fan enter into a name, image likeness deal with a current student-athlete?
Yes. Donors and fans can create deals with student athletes that involve appearances, autographs, or social media posts, for instance, but compensation may not be provided to a student-athlete in exchange for athletics performance or achievement. Student athletes cannot be compensated for winning games, being the team’s MVP, or any other athletic achievement. Additionally, compensation should not be provided as an inducement to remain at Oregon State or to enroll at Oregon State.
How do I get in touch with student-athletes about a NIL opportunity?
Donors and fans interested in NIL opportunities with student athletes can use “The Wood Shop,” Oregon State’s Opendorse NIL Marketplace a.k.a. the Fan NIL Hub, or they can contact student athletes directly via their social media. The Marketplace platform ensures that all deals are properly disclosed in accordance with Oregon’s SB5 and Oregon State’s NIL Policy, but if you decide to reach out via social media, athletes can still disclose their activities to Athletics Compliance. Student Athletes interested in receiving deals have included their Opendorse account information in “The Wood Shop.”
May a donor or fan compensate a student-athlete for NIL activities conducted while engaged in official Oregon State Athletics team activities?
No. Student-athletes may not enter into a NIL contract for NIL activity or content that is created while the student-athlete is engaged in athletically-related activities including away travel, academic activities, or while representing OSU in any capacity. For example, a student-athlete would not be permitted to take a NIL business meeting during away-from-home competition travel.
FOR PROFESSIONAL SERVICE PROVIDERS
(I.E. STUDENT INTERNS, PHOTOGRAPHERS, GRAPHIC DESIGNERS)
Can employees and student interns at Oregon State who provide professional services like photography, graphic design, etc. enter into an agreement with a student athlete?
Yes, but there are some guidelines. Professional Service Providers:
- Cannot use university equipment or property
- May not be acting as an employee of the university at the time of the agreement
- Must charge a published going rate
Professional service providers must charge student athletes their going rate and not give student athletes discounts or deals. Professional service providers may profit in their independent capacity from a student athlete, but they may not enter into an NIL agreement in which they are paying the student athlete for their NIL.
FOR AGENTS
May a student-athlete enter into an agreement with an NIL agent for purposes of NIL?
Yes. Student-athletes may enter into agreements with third-party service providers (tax advisor, marketing consultant, NIL agent, brand management) for NIL purposes. However, entering an agreement with, receiving benefits from or being represented by a sports agent will render a student-athlete ineligible at the collegiate level. Agents must strictly work with students for NIL purposes and students interested in a NIL agent must read the full NIL policy and disclose their contracts to athletics compliance.
I am an NIL agent for an Oregon State athlete, what should I know?
First and foremost, we recommend reading Oregon State’s full OSU NIL Policy. A Student-Athlete entering into an Agency Contract for purposes outside of SB5 may lose NCAA eligibility to compete as a Student-Athlete. The loss of eligibility may apply even if the Student-Athlete cancels the contract. If a Student-Athlete enters into an Agency Contract, the Student-Athlete must disclose the Agency Contract to OSU within 72 hours of the entering into the Agency Contract or before the Student-Athlete’s next athletic competition, whichever is first. You can find Oregon State’s Full NIL Policy and the Do’s and Don’ts Poster for Student Athletes at OSUBeavers.com/NIL.
Athletics compliance prefers that NIL Agents disclose student athlete NIL activities through Opendorse. If you have any questions you can email diana.ulrey@oregonstate.edu.
QUESTIONS ABOUT TRADEMARKS, LICENSING, AND FACILITIES
May student-athletes utilize Oregon State trademarks, logos or content for the purposes of NIL activities?
Only with permission and for paying the going rate. Use of Oregon State registered trademarks (e.g. logo, #GoBeavs, marks), content and property require authorization by the institution and proper licensing. The only exception is that student-athletes may wear Oregon State logos during in-person, personal appearances as long as there is no insinuation that Oregon State is also sponsoring the event and it is not posted to social media.
May student-athletes utilize Oregon State property or athletics facilities for the purposes of NIL activities?
Yes, with permission. A facilities permission form is located in the Athletics Compliance office. If you intend to complete an NIL deal using Oregon State facilities, reach out to Diana Ulrey in Athletics Compliance at diana.ulrey@oregonstate.edu.
The terms and agreements above are subject to change based on updated NCAA legislation and/or federal NIL reform.
For more information, please contact:
BeaversNIL@oregonstate.edu
