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Michigan athletics releases name, image and likeness policy

orion sang, detroit free press
·2 min read

The University of Michigan released its name, image and likeness policy Thursday — the first day that college athletes can receive compensation for their name, image and likeness under new policies approved by the NCAA.

For now, the school's policy will supersede the state's NIL bill signed by Gov. Gretchen Whitmer in late December of 2020; that bill won't go into effect until Dec. 31, 2022, which means that Michigan (and other schools in states without NIL legislation or legislation yet to take effect) was charged with developing its own policy, with the NCAA saying it will sustain "prohibitions on pay-for-play and improper recruiting inducements."

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Michigan's policy is similar to the bill that Whitmer signed.

It allows for student-athletes to capitalize upon their name, image and likeness through various avenues that include (but are not limited to):

  • Traditional commercials or advertisements for products or services

  • Student-athletes developing and promoting their own business

  • Personal appearances

  • Student-athletes running their own camps or clinics

  • Providing private lessons (and using their name or image to promote those lessons)

  • Sponsored social media posts

  • Autograph sessions

In the policy, the university expresses support for athletes receiving NIL compensation from third parties; it also states that it is not responsible "for providing or procuring name, image and likeness opportunities," nor is it liable for any tax liabilities or other costs that athletes could receive by engaging in NIL business opportunities.

Thursday, two Michigan football players announced they had entered a partnership with Yolk Gaming, an app that allows fans to play video games with college athletes.

The university's policy includes several notable (and expected) restrictions: Athletes "may not use the University name, trademarks, service marks, logos, symbols, or any other intellectual property, whether registered or not, without appropriate licensing approval."

They also cannot profit off their name, image and likeness with activities "that may harm the reputation of the institution." The policy lists several products or services such as gambling, adult entertainment and tobacco that athletes are prohibited from promoting.

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Athletes also cannot earn from NIL opportunities during any "organized team activities," which include practice, competition, team travel, team-organized media appearances and team or university promotional events.

And athletes are not allowed to "sell or trade any equipment, apparel, awards or complimentary admissions provided to them by the Michigan Athletic Department" for NIL opportunities.

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For the next two weeks, athletes must notify the university and athletic department of any NIL activities "as soon as practicable." Beginning July 16, those disclosures must occur at least seven days prior "to entering into an agreement for the proposed activity."

The university states that if it finds any "conflict" between a proposed NIL opportunity and "any existing agreements of the university," it can notify the athlete of that conflict, thus allowing for the athlete to seek a revision of the opportunity or contract.

Contact Orion Sang at osang@freepress.com. Follow him on Twitter @orion_sang. Read more on the Michigan Wolverines and sign up for our Wolverines newsletter.

This article originally appeared on Detroit Free Press: Michigan athletics releases NIL policy as athletes begin to profit