Name, Image & Likeness
Frequently Asked Questions (FAQs) for Student-Athletes
1. How do I disclose my NIL activities?
All NIL activities must be disclosed through your Opendorse account.
2. Can I submit a disclosure through Opendorse without yet having proof of the activity?
Yes, you can submit the disclosure and add your proof of activity later.
3. When am I required to disclose NIL activities?
NIL activities can be disclosed after the activity has taken place. However, any activity that involves a product or service that you believe may conflict with an existing Team Contract (see Item 4 below) or potentially involve a Prohibited Sponsorship Category should be disclosed in advance for review and/or approval to protect yourself from potential issues.
4. What are examples of Team Contracts?
Team Contracts are university contracts which provide that student-athletes are to utilize certain equipment and other goods while representing the University or one of its teams. Those specifically include contracts in the categories of athletic equipment, shoes and apparel, beverages and nutrition (e.g., university contracts with Under Armour and Gatorade).
5. Can I use photos I receive from the athletic department in my NIL activities?
No. Photos you receive from UW staff (via your Opendorse account or other means) are for your editorial use (e.g., for social media posts) and cannot be used in conjunction with an NIL activity.
6. 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.
7. Can an athletic department staff member take photos or video, or produce content for my NIL activities?
No. UW Athletics staff are not permitted to provide or create content to be used in student-athletes’ NIL activities.
8. 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”).
9. 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.
10. Can I mention a company in my social media bio?
Yes.
11. Can a UW Athletics staff member provide legal or tax advice?
No. We encourage you to seek advice or support from outside professionals on these topics.
UW staff are available to review student-athlete contracts only in the scope of determining their compliance with the university’s Temporary NIL Policy. Student-athletes may submit contracts for this purpose to NIL@athletics.wisc.edu.
We strongly recommend having all contracts reviewed by a reputable attorney to protect your rights and reputation in NIL deals. The UW Law & Entrepreneurship Clinic is a resource that provides free legal services. If you wish to utilize the clinic’s services, fill out the Student-Athlete NIL intake form at the following link: https://projects.law.wisc.edu/intake/form/13.
12. Can I use a marketing agent to assist in my NIL deals?
Yes, as long as that agent, attorney or other professional representative is not representing you in securing professional athletic opportunities. Any agent must comply with all applicable state and federal laws and regulations regarding athlete-agents. Any attorney must be a member in good standing of a state bar association.
The Compliance Office asks that all athlete agents register with the university prior to communicating with student-athletes. To check an agent’s registration status, please contact Brady Minter (bsm@athletics.wisc.edu).
13. Can I later use the same agent for professional pursuits that I used for NIL activities?
Yes, provided the present agreement for NIL representation does not include a promise of future professional athletics representation.
