I. POLICY STATEMENT
The following policy (“Policy) is intended to provide guidance to student-athletes, coaches and staff of the University of Wisconsin-Madison (” University “) regarding the use of name, image and / or Student-Athlete Likeness for Commercial Purposes This document provides definitions and regulations for the use of a student-athlete’s name, image and / or likeness at the University Failure by a student-athlete to comply with this policy may result in penalties imposed by the NCAA and / or the University which could affect the student-athlete’s eligibility to participate in inter-varsity sports and maintain an athletic scholarship This policy is subject to change.
A. Name, image and likeness. Name, image and / or likeness (“NONE”) are the three components of a person’s “right to publicity”. These are independent or collectively identifiable aspects of a person that make them unique, including, but not limited to, name, image, likeness, nickname, signature, social media account, any symbol. , name or design that easily identifies it, or any combination thereof.
B. Student-Athlete. A student-athlete is a student whose enrollment has been requested by a member of the athletic staff or other representative of athletic interests with a view to the student’s ultimate participation in the University’s intercollegiate athletics program. Any other student only becomes a student-athlete when the student presents for an intercollegiate team that is under the jurisdiction of the University’s Athletics Department. A student is not considered a student-athlete solely on the basis of previous participation in athletics in high school. For the purposes of this policy, a student-athlete must be eligible under any applicable national and / or federal NIL legislation to participate in NIL activities.
vs. Official team activities. “Official Team Activities” means all games, practices, exhibitions, scrums, meetings, team appearances, team photography sessions, University-sponsored sports camps and other team-organized activities that l The activity takes place on or off campus, including one-on-one photo shoots and media interviews.
RE. Fair market value. The value of a right, good, service or property as determined by the market (or objective buyers) rather than as determined by a subjective individual. This is what an informed, unpressurized buyer would pay an informed, unpressurized seller in an arm’s length transaction (the price is based solely on the value of the right, good, service or the property). The fair market value of a right, good, service or particular good can be determined by the price on which other buyers and sellers have agreed for a right, good , a service or a similar good.
E. Sponsorship category prohibited. “A prohibited sponsorship category” means any sponsorship agreement in certain product categories, with specific entities and / or with identified persons who are in conflict with existing university contracts, University policy or for any other reason. determined in good faith by the University. The prohibited sponsorship categories include, but are not limited to, sponsorships that: (1) damage the reputation of the University; (2) appear to create an endorsement by the University of a particular company, product, political candidate, or position regarding public policy; (3) are considered to contain obscene, indecent or profane material; (4) ridicule, exploit or belittle people on the basis of their age, color, creed, physical or mental disability, physical appearance, national origin, citizenship, veteran status, marital status, race, religion, sex, orientation sexual, gender or gender identity; (5) promote tobacco products; (6) promote substances prohibited by the NCAA; or (7) promote the game / sports betting. For more information on the university sponsorship policy and prohibited sponsorship categories, see https://policy.wisc.edu/library/UW-204.
III. COMPENSATION AND STUDENT-ATHLETE RIGHTS / ACADEMIC RESPONSIBILITIES
A. University student-athletes may earn compensation for the use of their name, image and / or likeness for commercial purposes when the student-athlete is not engaged in official team activities. Remuneration for the name, image and / or likeness of a student-athlete must be at a rate commensurate with the work actually performed and at a rate based on fair market value. All financial ramifications and tax implications related to the remuneration of the student-athlete for the use of his name, image and / or likeness are the responsibility of the student-athlete.
B. An athletic scholarship, including participation fees, from the University is not compensation for the use of the name, image and / or likeness of a student-athlete. An athletics scholarship awarded to a student-athlete by the University will not be revoked or reduced solely because a student-athlete earns compensation for the use of name, image and / or likeness. of the student-athlete or for obtaining professional representation in a manner consistent with this Policy.
C. No remuneration may be paid to a student-athlete for his athletic performance or his attendance at the University.
D. The University, including its athletics department, and staff members cannot compensate or cause compensation to a current or potential student-athlete for their name, image and / or likeness. In addition, neither the University, nor the athletics department, nor any member of the staff may be involved in the development or operation of any activity relating to the name, image and / or likeness of a current or potential student-athlete. The University, or third parties hired by the University, are also not permitted to become involved in identifying or obtaining name, image and / or likeness opportunities for a current or potential student-athlete.
E. The University’s athletics department will provide training to its student-athletes regarding name, image and / or likeness activities, including, but not limited to, the provision of educational programs on name, image and / or likeness and associated regulations, assisting with compliance and disclosure expectations, and serving as a resource by providing information on various matters relating to name, image and / or likeness.
F. A student-athlete may identify himself as a student-athlete at the University while engaging in activities for which he will receive compensation for the use of his name, image and / or likeness. Student-athletes will only be permitted to use the University’s trademarks, logos, symbols, phrases, slogans or any other intellectual property to promote the student-athlete’s opportunities to earn compensation for the use of his name, image and / or likeness. , if these rights were obtained through existing channels and under a valid agreement granting these specified rights. Retail product license agreements may be obtained from the University Trademark Licensing Office, to the extent that the desired rights are available and are appropriate in the judgment of that Office.
G. Student-athletes will not be permitted to use any sports department facilities while engaging in activities for which they will receive compensation for the use of their name, image and / or likeness. In addition, student-athletes will not be allowed to use University facilities for name, image and / or likeness activities.
H. Student-athletes will not be permitted to enter into contracts for the use of their name, image and / or likeness in a prohibited sponsorship category unless they have obtained prior approval. The list of prohibited sponsorship categories may be updated from time to time by the University. In the event that a student-athlete enters into a business relationship in a prohibited sponsorship category, the student-athlete will be required to terminate that relationship.
I. Student-athletes will not be permitted to enter into contracts for the use of their name, image and / or likeness involving any commercial product or service that conflicts with any of the “team contracts” of the university. “Team contracts” are university contracts which provide that student-athletes must use certain equipment and other goods while representing the University or one of its teams. Accordingly, student-athletes may not engage in name, image, and / or likeness activities that require the student-athlete to use, wear or display a mark competing with that of a “contract”. team »university.
J. A student-athlete who intends to enter into a contract providing for compensation to the student-athlete for the use of his or her name, image and / or likeness is required to disclose the proposed contract to a designated university official or using a form provided by the University.
K. A student-athlete may obtain professional representation (agent or lawyer) for advice, contractual representation and the marketing of his name, image and / or likeness, as long as the professional representation does NOT represent the student-athlete to obtain professional sports opportunities. Any athlete-agent, advisor, attorney or similar representative representing a University of Wisconsin student-athlete for the purpose of obtaining compensation for the use of his or her name, image and / or likeness, should comply with all applicable federal and state laws and regulations regarding athlete-agents and similar representatives. A lawyer representing a student-athlete in order to obtain compensation for the use of his name, image and / or image must be a member in good standing of a state bar.
Please direct all inquiries regarding this policy to [email protected]
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