NCAA rules allow student-athletes to be compensated for using their names, images or likenesses. An “NIL activity” is any business activity in which student-athletes are compensated for using the student-athlete's NILs. Examples include personal athletically- or non-athletically-related businesses, social media influencing, promotional appearances, camps, lessons and autograph sessions.

The NCAA's interim NIL policy, adopted on June 30, 2021, requires member institutions to follow state laws or create policies. Frequently asked questions can be answered by visiting the NCAA’s interim NIL policy. 

This deregulated area (previously addressed primarily by NCAA Bylaw 12.5 promotional activity legislation) will likely be in place until student-athlete NIL rights are addressed through nationally applicable federal law or NCAA legislation.

Until then, ASU has an NIL policy for its student-athletes and the state of Arizona explains NIL laws further with Senate Bill 1296. Additionally, third-party service providers are encouraged to read the NCAA educational column relating to institutional involvement. 

In accordance with the preliminary injunction issued by the Eastern District of Tennessee (federal court), for the time being, the Two Booster Rules — i.e., no recruiting and no gifts — do not apply to boosters, NIL collectives or other third (non-ASU) parties when it comes to contacting prospective student-athletes for the sole purpose of negotiating potential NIL deals.

Just because an activity is labeled as an NIL activity by a third party does not make the activity permissible. Among other rules:

• Student-athletes cannot be paid to play their sport (e.g., there are no charity slam dunk contests, home run derbies or long-distance competitions).

• All NIL activities require a quid pro quo or, in other words, student-athletes must do something (e.g., sign autographs, make appearances, post on social media) for their compensation.

Boosters and other third parties cannot contact student-athletes from other institutions who are not in the transfer portal. (Once they are in the transfer portal, they become prospects and benefit from the preliminary injunction.)

As of August 1, 2024, both NCAA rules and ASU policy require student-athletes to follow the instructions outlined in Influencer Mobile of Athletes, disclose the pertinent details of their NIL activities within a specific time and supplement those disclosures when NIL agreements are modified. 

Student-athletes determined to have violated NIL policies jeopardize their eligibility, so remember to ask first!