Name, Image and Likeness (NIL) Policy
University Policy
The following policy ("Policy") provides guidance for University of Wisconsin-Madison (“University”) student-athletes, coaches, and staff on the use of a student-athlete’s name, image, and/or likeness for commercial purposes. This document provides definitions and rules relating to the use of a student-athlete’s name, image, and/or likeness at the University. This policy is subject to governing state and federal law and applicable regulations (e.g., as put forth by the College Sports Commission (“CSC”), National Collegiate Athletic Association (“NCAA”), and Big Ten Conference).Definitions
Official Team Activities: “Official Team Activities” means, with respect to any of UW-Madison’s varsity intercollegiate athletic teams and regardless of whether the activity takes place on or off campus, all
- (a) team-organized activities, workouts, practices, games or other competitions, and sports camps or clinics operated by the Division of Intercollegiate Athletics or its coaches;
- (b) athletics-related photographs (whether still or moving), including individual photographs; and
- (c) interviews or press conferences, public appearances, and when speaking for or acting as a representative of the team.
Third-Party NIL Activity: “Third-Party NIL Activity” is any instance of a non-University entity providing consideration to a student-athlete for use of their name, image, likeness or appearance to advertise or endorse the use of a commercial product or service or to support noncommercial (e.g., charitable, educational, nonprofit) entities or endeavors. Additional details on the scope of NIL activity are available on NCAA.org.
Policy
I. Student-Athlete Education and Support.
The Division of Intercollegiate Athletics will provide education to its student-athletes regarding name, image, and/or likeness activities including, but not limited to, providing educational programming on name, image, and/or likeness and associated laws and regulations, assisting with compliance and disclosure expectations as articulated by governing state and federal law and industry regulations (e.g., the CSC, NCAA, and Big Ten Conference), and serving as a resource by providing information on various name, image, and/or likeness matters.
II. Student-Athlete Financial Aid.
A student-athlete’s receipt of consideration for use of their name, image, and/or likeness is not a financial aid grant under Wisconsin state law, but may impact eligibility for Pell Grant, federal aid, and other need-based aid. All financial and tax implications related to consideration for the use of a student-athlete’s name, image, and/or likeness are the responsibility of the student-athlete.
III. Use of University Logos and Marks.
(a) A student-athlete may identify themselves as a student-athlete at the University while engaging in Third-Party NIL Activities. University trademarks, logos, symbols, phrases, slogans, or any other University intellectual property may be used in a student-athlete’s Third-Party NIL Activity, if those rights have been secured through Badger Sports Properties or the University’s Office of Trademark Licensing (“OTL”), as applicable. Licensing agreements pertaining to retail products may be sourced through the OTL, to the extent the desired rights are available, and are appropriate in the judgment of that Office.
(b) Unless rights to use University trademarks, logos, symbols, phrases, slogans, or any other University intellectual property have been secured through Badger Sports Properties, Student-athletes will not be allowed to utilize Athletic Department facilities while engaging in Third-Party NIL Activities. Any facility usage for these purposes must be coordinated through Badger Sports Properties. With the exception of Division of Intercollegiate Athletics facilities, student-athletes will not be permitted to use other University facilities/property for Third-Party NIL Activities.
IV. Restrictions.
A student-athlete may not enter into an agreement for, or participate in, a Third-Party NIL Activity if any of the following applies:
1. Any provision of the agreement conflicts with existing University or UW System contracts or policies. This includes any contractual requirement to use, wear, or display certain brands during Official Team Activities.
2. The activity would involve endorsement of cigarettes; tobacco products; electronic vaping devices; alcoholic beverages; gambling, including sports betting and casino gambling; banned athletic substances, including anabolic steroids; any illegal substance or illegal activity; or any other activity prohibited by the University or UW System.
3. The activity would contain obscene, indecent, or profane material.
4. The activity would ridicule, exploit, or demean persons on the basis of their age, color, creed, physical or mental disability, physical appearance, national origin, citizenship, veteran status, marital status, race, religion, sex, sexual orientation, gender, or gender identity.
5. The activity would adversely affect the University’s reputation.
V. Disclosure.
Student-athletes must disclose agreements for Third-Party NIL Activities to the University before entering into the agreement. Student-athletes are required to report all agreements for Third-Party NIL Activities to the NCAA-designated name, image, and/or likeness clearinghouse. Failure to disclose all required contracts or payments may result in disciplinary action, including but not limited to loss of eligibility.
VI. Agents.
Student-athletes may obtain professional representation (agent or licensed attorney) for marketing and facilitation of payments for the use of their name, image, and/or likeness, and as permitted under NCAA and CSC rules.
Frequently Asked Questions
1. Can I use photos I receive from the athletic department in my NIL activities?
No. Photos you receive from UW staff (via Greenfly, Opendorse, or other means) are for your editorial use (e.g., for social media posts) and cannot be used in conjunction with an NIL activity.
2. Can I use photos or videos of myself in my uniform or wearing other university marks on social media?
Yes, as long as those photos and videos are used in posts that are not part of any NIL activity.
3. Can I reference my name and the institution in my NIL activities?
Yes. Student-athletes may identify themselves and their status as a student-athlete (e.g., “This is [student-athlete name], guard for the Wisconsin basketball team” or “This is [student-athlete name] of the Wisconsin Badgers”).
4. Can UW marks, logos, slogans/phrases, or other intellectual property be used in an NIL activity?
Student-athletes may use university trademarks, logos, slogans/phrases, and other intellectual property in an NIL activity provided that proper rights have been secured for the specified use. For instance, student-athletes may wear university logos, etc., in an NIL activity if they are being compensated for that NIL activity by a business that already has secured proper licensing rights through its sponsorship agreement with the university or Badger Sports Properties. Complete information on the use of university intellectual property and how it can be licensed for use is available from the UW Office of Trademark Licensing. This includes wearing apparel with university marks as well as submitting or utilizing photos/videos that show the student-athlete wearing apparel with university marks.
5. Is there anything I should know before hiring or working with an agent or advisor?
Resources pertinent to agents and advisors can be found HERE on UWBadgers.com.
