NIL Overview

NIL Overview

What is NIL?
NIL Rules at CU
Who Can Do NIL?
Professional Service Providers
University Marks + Licensing

What is NIL?

Name, image and likeness or "NIL" refers to a student-athletes’ rights of publicity. Per Colorado state law, CU student-athletes may earn compensation, like money or free goods and services, from the value of their NIL.

What counts as an NIL activity?

Endorsements & Sponsorships
Appearances, Autograph Sessions
Social Media Content
Entrepreneurial Ventures (selling their own merchandise, etc.)
Sports Camps

NIL Rules at CU

The NCAA issued an Interim Policy (PDF) directing schools located in a state with an active NIL law to follow those regulations in place of NCAA rules.

The NCAA Interim Policy includes two guidelines for all NCAA institutions:

NIL is not "Pay for Play": a student-athlete may not receive compensation because of their athletic participation or performance
NIL may not be used as a recruiting inducement: a prospective or current student-athlete may not receive compensation or pre-arranged NIL deals in exchange for their commitment, attendance, initial or continued enrollment at an institution

In October 2022, the NCAA issued additional guidance related to Institutional Involvement in a Student-Athlete's NIL Activities

NIL FAQ

Who Can Do NIL?

Noninstitutional Third Parties
Anyone, a business, individual, non-profit, collective, etc. may engage in NIL activities! It is up to you, the noninstitutional third party, to determine the value of the transaction.

Student-Athletes
Participation in NIL activities is a personal choice for all current, domestic student-athletes.

Buffs are engaging in an NIL activity as an individual, separate from their CU student-athlete capacity. Individual NIL activities do not supersede team rules and responsibilities. Student-athletes may not "contract out of" CU, Pac-12 or NCAA requirements and commitments. Student-athletes may not promote, execute or engage in NIL activities during official team time.

International Student-Athletes
Under federal law, international students are heavily restricted in the type of employment activities that they are allowed to engage in while in school outside of their home country

Presently, the Student and Exchange Visitor Program, part of the United States Immigration and Customs Enforcement agency, has not issued any modifications to its stance that, under the Immigration and Nationality Act, accepting goods and services may constitute “active income” and performing promotional and marketing services may be considered “employment” in violation of Student Visa stipulations

International student-athletes should connect with International Student & Scholar Services for more information

Recruits
Prospective student-athletes should consult their state law and/or high school athletics association with questions pertaining to NIL compensation and high school athletics eligibility. Upon initial full-time enrollment at CU, student-athletes are required to disclose their previous and/or ongoing NIL activities.

University of Colorado
An NIL agreement mirrors a business-to-business transaction in which the student-athlete acting in their individual capacity. Neither the University of Colorado nor Athletics Department are parties to student-athlete NIL contracts.

Professional Service Providers

Under state law, CU student-athletes may obtain professional and legal representation by a Professional Service Provider without jeopardizing their intercollegiate athletics eligibility

This professional service provider (PSP) is an individual or company that provides services to a student-athlete related exclusively to their NIL activities and may include, but is not limited to, a brand manager, marketing consultant, tax advisor or public relations agent. Any person or organization attempting to generate or execute NIL deals on behalf of a student-athlete is considered a PSP
State law dictates that legal representation may only be provided by a licensed attorney
A student-athlete shall be ineligible for intercollegiate participation should they agree (orally or in writing) to be represented by an athlete agent
Student-athletes may enter into an agreement with an athlete advisor for the sole purpose of NIL activities

If you are seeking to engage with CU student-athletes as a potential NIL Professional Service Provider, please register with CU Athletics here. Colorado state law mandates student-athletes disclose this relationship and all related representation agreements.

University Marks + Licensing

Intellectual Property
Photographs, non-competition film and other digital productions that are produced and/or owned by CU Athletics cannot be used in NIL endorsements by noninstitutional third parties without permission unless the entity is a licensee who secures approval through the Co-Branding or Group Licensing processes.

The marks of the University of Colorado are controlled under a licensing program administered by Collegiate Licensing Company. Any use of these marks or symbols requires advance written approval from CLC.

The Pac-12 Network partners with Vertione (PDF) and Recur to provide student-athletes access to game footage and highlights, as well as NFTs for commercial use in conjunction with NIL deals pursued with third party commercial entities.

CU Athletics Trademark & Licensing CU Boulder Art Sheet

CU x Student-Athlete NIL Co-Branded Licensing
CU Boulder may choose to permit Licensees to use CU marks in combination with one or multiple student-athletes’ NIL, subject to approval by all parties, for the purpose of creating and selling co-branded or group licensed consumer goods and services.

CU NIL Brand Guide (PDF)

Contact licensing@colorado.edu