University Policies
Policy Contact
Associate Director of Athletics, Compliance Email 401-440-0787

Name, Image, and Likeness Policy

Policy No. Issue Date Effective Date
04.05.04

1.0 Policy Purpose

This policy specifies the requirements and restrictions regarding Name, Image, and Likeness (“NIL”) Activities for student-athletes per NCAA, Ivy League, and Brown University rules and regulations. 

2.0 To Whom the Policy Applies

This policy applies to current varsity student-athletes, Brown University employees, and Associated Entities and Individuals.

3.0 Policy Statement

3.1 Brown University and the Division of Athletics and Recreation

3.1.1 Permitted NIL Compensation

Unless expressly prohibited in section 3.1.2, a student-athlete may permit the use of the individual’s name, image, or likeness in NIL Activities and receive compensation for such activities. 

3.1.2 Prohibited NIL Compensation

NIL compensation may not include any of the following: 

  • An agreement without a quid pro quo (e.g., compensation for work not performed); 
  • Compensation contingent upon initial or continued enrollment at Brown University; 
  • Compensation for athletic participation or achievement (i.e., pay for play); or
  • Compensation from Brown University for the use of a student-athlete’s NIL. 

3.1.3 Conflict with Brown Athletics Contracts

Student-athletes shall not enter into an NIL agreement that conflicts with an agreement Brown University has in place with an outside party. 

3.1.4 Disclosure of NIL Activities

3.1.4.1 Current Brown Student-Athlete

All agreements require disclosure: A student-athlete must disclose all NIL Activities within five (5) business days of execution of the NIL contract or otherwise agreeing to the contract or payment terms. Student-athletes may not begin work until their deal has been reviewed and approved.  

Deals with a value of $600 or more: A student-athlete must disclose an NIL Activity with a value of $600 or more within five (5) business days of execution of the NIL contract or otherwise agree to the contract or payment terms. If a student-athlete enters into multiple agreements or receives multiple payments from the same or substantially the same third party, including any affiliates or parties with common ownership, such activities must be reported if the aggregate value is $600 or more during the student-athlete’s period of eligibility. Student-athletes may not begin work until their deal has been reviewed and approved. 

3.1.4.2 Incoming Brown Student-Athlete

An incoming student-athlete must disclose all current NIL activities no later than 30 days after enrollment at Brown University. 

3.1.4.3 Failure to Disclose:

  • If a student-athlete enters an NIL agreement with a value of $600 or more and the NIL Activity is determined not to be in compliance with NCAA rules, the NCAA/College Sports Commission will assess appropriate consequences that may impact Brown University and/or the involved individual, including but not limited to repayment and withholding the student-athlete from competition. 
  • If a student-athlete enters an NIL agreement with a value of $2,000 or more and the NIL Activity is determined not to be in compliance with Ivy League rules, the Ivy League will assess appropriate consequences that may impact Brown University and/or the involved individual, including but not limited to repayment and withholding the student-athlete from competition. 
  • If the Division of Athletics and Recreation becomes aware of an NIL Activity that has not been disclosed within five (5) business days, the Athletics Compliance Office will notify the student-athlete that they must immediately disclose the NIL Activity.
  • The first time a student-athlete does not disclose an NIL Activity within five (5) business days, they will be required to have a meeting with the Athletics Compliance Office to review the disclosure requirement.
  • Any subsequent failures to disclose may result in withholding from athletically related activities (e.g., practice and/or competition).

Proper Disclosure: Deals with a value of $600 or more must also be disclosed through NIL Go.

3.1.5 Clearance of NIL Activities

Athletes are required to annually disclose NIL Activities based on an August 1st- July 31st calendar. Student-athletes are required to have their NIL deals reviewed and approved prior to beginning any work; if this does not happen, there could be impacts on a student-athlete's eligibility. 

Deal with a value of $599 and Less: NIL Activities with a value of $599 and less will be reviewed by the Athletics Compliance Office through Teamworks Influencer. The NIL Activity will be cleared provided it follows this policy. Student-athletes may not begin work until their deal has been reviewed and approved. 

Deals with a value between $600 and $1,999: NIL Activities with a value between $600 and $1,999 will be reviewed by the Athletics Compliance Office and NIL Go clearinghouse. The NIL Activity will be cleared provided it follows this policy and the rules established in NCAA Bylaw 22. The Ivy League also requires deals between $600 and $1,999 to be submitted annually to its office. Student-athletes may not begin work until their deal has been reviewed and approved. 

Deals with a value of $2,000 or more: NIL Activities with a value of $2,000 or more will be reviewed by the Athletics Compliance Office, the Athletic Director, the NIL Go clearinghouse, and the Ivy League. The NIL activity will be cleared provided it follows this policy, the rules established in NCAA Bylaw 22, and Ivy League rules. Student-athletes may not begin work until their deal has been reviewed and approved. 

Any transaction where the Payer and NIL user differ requires prior Ivy League Approval before the student-athlete can begin the activity.

Deals that are not cleared: If an NIL Activity is not cleared by any reviewing party, a student-athlete has three (3) options:

  1. Revise the deal and submit: Student-athletes have the option to work with the payor to renegotiate the deal and resubmit it to the appropriate party(ies).
  2. Cancel the deal: Student-athletes should have the option in the NIL agreement to cancel the deal.
  3. Appeal to neutral arbitration: Student-athletes can appeal through a neutral arbitration process to obtain a neutral review of the decision.

The Athletics Compliance Office must disclose deals that are not cleared by the NIL Go clearinghouse to the Ivy League. 

All disclosures and approvals must be obtained prior to the student-athlete beginning work for NIL activities. 

3.1.6 Use of Brown Logos and Trademarks

Student-athletes are prohibited from using Brown University intellectual property in NIL Activities without the University’s express written permission. Intellectual property includes, but is not limited to, Brown University logos and trademarks. 

3.1.6.1 Exceptions to use of Brown Logos and Trademarks

Corporate partners of Brown University may receive permission to use Brown logos and trademarks in connection with NIL activities. In such instances, student-athletes may also be permitted to use Brown logos and trademarks in conjunction with their NIL activities, provided the use is consistent with and approved under Brown University’s Name Use, Trademark and Licensing Policy.

3.1.7 Timing of NIL Activities

Student-athletes cannot engage in NIL Activities while participating in an official team activity. 

3.1.8 Role of Brown in NIL Activities

Ivy League rules prohibit Brown from arranging NIL Activities for its student-athletes. 

3.1.9 Use of Brown University Facilities

Student-athletes must follow established University processes for leasing Brown University facilities for NIL Activities. 

3.1.10 International Student-Athletes

NCAA, Ivy League, and Brown University rules and regulations permit international student-athletes from engaging in NIL Activities. However, international student-athletes are encouraged to work with the Office of International Student and Scholar Services or another Professional Service Provider before engaging in any NIL Activity to understand what is permitted under their visa status. 

3.1.11 Use of Agents and Other Professional Service Providers

Student-athletes are permitted to use agents and other Professional Service Providers for NIL Activities as permitted under NCAA rules. 

3.1.12 NIL Activity Impact on Financial Aid

Compensation for NIL Activity may impact a student-athlete’s eligibility to receive need-based financial aid. Student-athletes are encouraged to contact the Office of Financial Aid with specific questions. 

3.1.13 NIL Student-Athlete Owned Businesses and Institutional Transactions

If a student-athlete owns or operates a business that seeks to sell goods or services to Brown University or Brown Athletics, the student-athlete and/or the business must complete the University’s vendor registration process and be approved as an official vendor of the institution prior to any transaction.

In addition, all such arrangements must comply with Brown University procurement procedures and applicable conflict of interest policies. Student-athletes and their businesses are responsible for ensuring that any proposed transactions with the institution are properly disclosed and reviewed through the appropriate institutional processes, conflict of interest, and vendor approval before any goods or services are provided.

3.2 NCAA

Under NCAA rules, an individual may receive compensation for the use of the individual’s name, image, and likeness, which may be secured or compensation based, in whole or in part, on athletic skill or reputation. NIL Activities may not be used to compensate an individual for athletic participation or achievement. 

3.2.1 Involvement of Associated Entities or Individuals in NIL Activities

In accordance with NCAA rules, no Associated Entity or individual may enter into an agreement with or provide payment to a prospective student-athlete or student-athlete unless the agreement or payment terms, as determined by the name, image and likeness clearinghouse, are for a valid business purpose related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable name, image and likeness value who are not prospective student-athletes or student-athletes of the University. 

3.3 The Ivy League - Prohibited Practices

Under Ivy League rules, a student ceases to be an amateur by engaging for money or other considerations (e.g., goods, services, gifts-in-kind, or other forms of payment) in an engagement, business transaction, or advertising promotion if that remuneration or agreement:

  • Constitutes any form of compensation for or as a direct result of participation in any intercollegiate athletics program (“pay for play”);
  • Is arranged or directed by the institution (including by not limited to, coaches, faculty, or staff);
  • Is used as a recruiting inducement or to encourage continued enrollment and/or participation in intercollegiate athletics at the institution; or
  • Is not disclosed to the institution by the individual in accordance with such institution’s policies, regulations, or procedures. 

4.0 Definitions

For the purpose of this policy, the terms below have the following definitions:

Affinity Mark:

A Logo that includes the Brown Coat of Arms with or without the BROWN wordmark for a University Unit that represents that the Unit is part of Brown. Affinity Marks have been approved by the Office of University Communications as officially representing affiliated Units as being part of Brown.

Associated Entity:
  1. An entity that is or was known (or should have been known) to the Athletics department staff to exist, in significant part, for the purpose of promoting or supporting the University’s intercollegiate athletics program or student-athletes; and/or creating or identifying name, image, and likeness opportunities solely for the University’s student-athletes.
  2. An entity that has been directed or requested by the Athletics department staff to assist in the recruitment or retention of student-athletes or prospective student-athletes; or
  3. An entity owned, controlled, or operated by, or otherwise affiliated with an associated individual or an associated entity in (a) or (b) above, other than a publicly traded corporation.
Associated Individual:
  1. An individual who is or was a member, employee, director, officer, owner, or agent of an Associated Entity;
  2. An individual who directly or indirectly (including contributions by an affiliated entity or family member) has contributed more than $50,000 during the individual’s lifetime to the University or to an Associated Entity; or
  3. An individual who has been directed or requested by Athletics staff to assist in the recruitment or retention of student-athletes or prospective student-athletes, or otherwise has assisted in the recruitment or retention of student-athletes or prospective student-athletes. 
Iconic Images:

Long-established recognizable visual representations of Brown, including the following historic elements of the physical campus: All or recognizable portions of the Van Wickle Gates, University Hall, Stephen Robert ’62 Campus Center, Carrie Tower, Sayles Hall, Manning Hall, The Lindemann Performing Arts Center, or Brown’s bear statues; any images that include the University logo, Coat of Arms, or Seal; and photos of the interior or exterior of any University library, which includes the John D. Rockefeller, Jr. Library, Sciences Library, John Hay Library, and John Nicholas Brown Center.

Logo(s):

The graphic symbol or symbols made up of text and/or images that identify Brown University, as detailed in the University’s Visual Identity Policy.

Name, Image, and Likeness (“NIL”) Activity:

Any activity that involves the use of a student-athlete’s name, image, likeness, or appearance to advertise or endorse the sale or use of a commercial product or service. NIL Activity is also any activity that involves the use of an individual’s name, image, likeness, or appearance to support noncommercial (e.g., charitable, educational, nonprofit) entities or endeavors or in activities considered incidental to the individual’s participation in intercollegiate athletics. 

Official Team Activity:

All games, practices, scrimmages, exhibitions, strength and conditioning sessions, team appearances, team photographs, and other team-organized activities, regardless of whether the activity occurs on or off campus. 

Professional Service Provider:

An individual who provides third-party services to a prospective or current student-athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney, or brand management company.

Trademark(s):

Logos, affinity marks, insignias, images, seals, symbols, and design elements that are long established by use as uniquely associated with and representing Brown’s distinctive brand. The University’s Trademarks include, but are not limited to the following: the words BROWN, Brown University, Brunonian, Bruno the Bear, the official Brown seal, the Brown Coat of Arms with and without the BROWN wordmark, the Athletics B with Indomitable Bear, Go Bruno, the Brown with Arch Design, the Special Brown Font Design, Ever True and Affinity Marks that include any of Brown’s Trademarks. This also includes long-established Iconic Images of Brown’s physical campus.

5.0 Responsibilities

All individuals to whom this policy applies are responsible for becoming familiar with and following this policy. University supervisors and employees with student oversight duties are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure and enforce compliance with it.

Student-Athlete: A student-athlete shall attest to the following when disclosing noninstitutional name, image and likeness contracts or payments to the NIL clearinghouse:

  1. The name, image and likeness contract or payment terms as submitted are accurate and complete.
  2. Student-athlete obligations and non-institutional payments details are included in the written document.
  3. The written documentation of the actual name, image, and likeness contract or payment terms has been uploaded; and
  4. Student-athlete obligations will be or are intended to be performed during the annual reporting period. 

Payor: After a student-athlete submits a noninstitutional contract or payment terms to the NIL clearinghouse, the noninstitutional payor shall attest to the following:

  1. Whether the non-institutional payor meets the definition of an Associated Entity or Individual.
  2. The accuracy and completeness of the name, image and likeness contract or payment terms as submitted by the student-athlete.
  3. That the noninstitutional payor was not directed by an institution to enter the contract or payment terms with the student-athlete; and
  4. The noninstitutional payor has self-funded the payment to the student-athlete. 

Institution: Brown shall be responsible for disclosing all Associated Entities or Individuals associated with the institution to the NIL clearinghouse. If a non-institutional payor cannot be verified as associated, then the institution shall be responsible for making such verification. 

Name, Image and Likeness Clearinghouse - Agreement with Associated Entities or Individuals: The NIL clearinghouse shall review all reported non-institutional name, image and likeness contracts or payment terms submitted by student-athletes once all reporting requirements have been met to determine whether an Associated Entity or Individual, including a non-institutional payor, is involved. If an Associated Entity or Individual is involved, the NIL clearinghouse shall determine whether the contract or payment terms are for a valid business purpose related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable name, image and likeness value who are not prospective student-athletes or student-athletes of the institution.

6.0 Consequences for Violating this Policy

Failure to comply with these related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures.

Failure to comply with these related policies is subject to loss of eligibility for the student-athlete, and/or violation of NCAA and/or Ivy League policies.

7.0 Related Information

Brown University is a community in which individuals are encouraged to share concerns with university leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).

The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.

7.2 Related Procedures

N/A

7.3 Related Forms

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7.4 Frequently Asked Questions

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7.5 Other Related Information

N/A

Policy Owner and Contact(s)

Policy Owner: Vice President for Athletics and Recreation

Policy Approved by: President

Contact Information:

Associate Director of Athletics, Compliance Email 401-440-0787

Policy History

Policy Issue Date:

Policy Effective Date:

Policy Update/Review Summary:

N/A