University of California Athletics

Name, Image and Likeness or “NIL” refers to a student-athlete’s ability to earn compensation for the use of their name, image or likeness. Student-athletes may earn compensation from sources outside of Cal as a result of the use of the student-athlete’s name, image, and likeness, subject to institutional policies and state law, without impacting their eligibility to compete or receive an athletic scholarship.

What does NIL include? 
NIL activities may include, but are not limited to:

• Social Media Promotions and Influencer Activities
• Endorsements and Sponsorships
• Entrepreneurial Ventures (starting a business or selling clothes, shoes, etc.)
• Appearances and Autograph Sessions
• Sports Camps and Private Lessons

What does NIL look like at Cal?
Cal partners with a number of different local and national brands including, but not limited to:

• San Francisco Bay Oakland International Airport
• Fanatics NIL Merchandise
• EA Sports
• The Offseason
• San Francisco Giants

Haas School of Business

• Equity Fluent Leadership & Personal Brand: Two-unit course in Berkeley Haas taught by Professor Kellie McElhaney is useful for student-athletes who are planning to enter contracts with the intent to be compensated for their Name, Image and Likeness (NIL).   The course prepares students to implement inclusive brand and business strategies.  It focuses on students’ personal brands in a values-based manner, empowering them to enter sponsorship agreements/partnerships that align with their personal values
• Financial and Business Literacy for Professional Athletes: This is a new course this fall, taught by Professor Stephen Etter. This course was formerly an independent study but is being reclassified as a full-fledged course which will be able to accommodate up to 250 students and will provide education on financial literacy topics so that student-athletes are empowered to utilize the skills that Professor Etter teaches as they engage in NIL

Berkeley Law

• Name, Image and Likeness (NIL) Clinic: The NIL Clinic at Berkeley Law focuses on helping collegiate-level student-athletes across the state of California with NIL deals. As part of the clinic, Berkeley Law provides free legal services to student-athletes who are considering or negotiating NIL deals.  Berkeley Law instructors and students provide counseling and legal services to protect the interests of student-athletes.

Cal Athletics NIL Education Programming
Through Golden, student-athletes are provided with a comprehensive educational program and are offered the tools necessary to build their brands and take advantage of NIL. We have partnered with the Haas School of Business, Berkeley Law School, INFLCR, former student-athletes, UC Berkeley faculty, and industry leaders who have covered some of the key concepts of the Golden educational program.

Key Skills and Concepts Covered:

• Developing Your NIL Strategy  
• Personal Brand Building
• Monetizing your Brand/Building a Business
• Personal Finance 101
• Brand Building with BeastMode
• Financial Literacy 

INFLCR
INFLCR is the leading content and compliance platform for elite athletic programs, educating and preparing staff and athletes for the NIL era, all powered by best-in-class content delivery via mobile app. INFLCR works with more than 3,500 collegiate and professional sports teams with a network of over 70,000 active athlete users.

Golden Exchange
The Golden Exchange is an NIL business registry, custom-designed for businesses, donors, alumni, and any other interested NIL dollars wishing to connect with student athletes. Registered businesses can search, filter and initiate conversations with student-athletes to discuss an NIL deal. Once the NIL deal between a registered business and a student-athlete is completed, the business will use the Golden Exchange to create a transaction that will produce a direct payment to the student-athlete and automate a disclosure to the INFLCR Verified Compliance Ledger.

Bay Area Community
Cal student-athletes attend school in one of the most dynamic environments in the country, close to Silicon Valley and home to the sixth-largest media market in the United States. Nearly 40 Fortune 500 companies are based in the San Francisco Bay Area, and the Cal alumni network is more than 500,000 strong, including over 170,000 who reside in the Bay Area. With The Golden Bear Network - a part of the Cameron Institute - they have access to a well-connected and robust network of alumni and professionals and are provided tools and guidance to flourish in their chosen profession, including internships, job opportunities, and other meaningful experiences to build their careers during and after graduation. The University of California, Berkeley is consistently ranked as the top public institution in the country, with nine current faculty and 31 alumni having won the Nobel Prize. In athletics, Golden Bear teams have captured 104 national team championships, and Cal's alumni and students have earned over 200 medals at the Olympic Games.

Cal boosters may participate in NIL activities involving student-athletes, provided they adhere to NCAA extra-benefit legislation. NCAA pay-for-play and extra benefit rules continue to apply in the NIL environment. Therefore, student-athletes may not receive compensation or accept a promise of compensation for participation in their sport (e.g., they may not receive compensation unrelated to a legitimate NIL or employment activity).

As stated by the NCAA, third-party NIL groups or businesses, often referred to as “collectives,” and those individuals associated with them, are defined as Boosters. As such, collectives or those associated with collectives cannot be involved in the recruiting process of prospective student-athletes. Boosters also cannot guarantee NIL deals for prospective student-athletes or use them as recruiting inducement. Cal Athletics staff and coaches cannot be involved in any aspect of a collective’s operation, nor can they be involved in securing NIL deals for current or prospective student-athletes.

For questions regarding NIL rules, please contact Justin DiTolla at [email protected].

NIL Rules 
The NCAA issued an Interim Policy (PDF) directing schools located in a state with an active NIL law to follow those regulations in place of NCAA rules.
The NCAA Interim Policy includes two guidelines for all NCAA institutions:

• NIL is not "Pay for Play": a student-athlete may not receive compensation because of their athletic participation or performance
• NIL may not be used as a recruiting inducement: a prospective or current student-athlete may not receive compensation or pre-arranged NIL deals in exchange for their commitment, attendance, initial or continued enrollment at an institution

Cal Athletics has established an NIL Policy that is intended to provide general guidance and support to student-athletes, coaches, staff, and third parties. This is a working document that may be adapted to meet the reality of the name, image, and likeness landscape and to maintain compliance with relevant NCAA, state, and federal laws. For updated NCAA rules and regulations, please visit the NCAA NIL website.

California State Legislation
On July 1, 2021, Senate Bill No. 206 went into effect and made it permissible (in the state of California) for student-athletes to receive compensation for the use of their name, image and likeness.  Most recently, amendments were made in Senate Bill No. 206 to continue to provide opportunities for student-athletes in the state of California.

To learn more about Senate Bill No. 206, please click here.

Disclosure Process to the Cal Athletic Department
UC Berkeley student-athletes must report all NIL activities to the Cal Athletics Compliance Office. This must be done via the INFLCR app. Student-athletes are encouraged to report potential NIL activities at least five calendar days prior to entering into an agreement and no later than three calendar days afterward.

NCAA Pay-for-Play and Extra Benefit Legislation
NCAA pay-for-play and extra benefit legislation (NCAA Bylaw 16) continue to apply in the NIL environment. Therefore, student-athletes may not receive compensation or accept a promise of compensation for participation in their sport (e.g., they may not receive compensation unrelated to a legitimate NIL or employment activity). They may not receive NIL compensation that exceeds the fair market value for the use of their NIL. UC Berkeley coaches and staff may not assist student-athletes with earning compensation for NIL activities (e.g., creating a personal brand logo for a student-athlete’s commercial use at no charge).

UC Berkeley representatives of athletics interests may participate in NIL activities involving student-athletes, provided they adhere to NCAA extra benefit legislation. Any questions should be directed to the Cal Athletics Compliance Office.

International Student-Athletes
Under federal law, international students are heavily restricted in the type of employment activities that they are allowed to engage in while in school outside of their home country. See the Berkeley International Office's Student Employment website for more information about F-1 or J-1 Student visa employment options.

Presently, the Student and Exchange Visitor Program, part of the United States Immigration and Customs Enforcement agency, has not issued any modifications to its stance that, under the Immigration and Nationality Act, accepting goods and services may constitute “active income” and performing promotional and marketing services may be considered “employment” in violation of Student Visa stipulations. F-1 or J-1 international student-athletes should connect with the Berkeley International Office before taking any steps to accept compensation or payments.

Athlete Advisors and Agents
NCAA rules and California state law permit student-athletes to obtain professional and legal representation by an athlete agent without jeopardizing their NCAA eligibility.  Student-athletes may obtain professional representation from persons licensed by the State of California (e.g., agents, lawyers, and other professionals) to advise them regarding the use of their NIL. Professional representation must be reported to the compliance office.  Registration information may be accessed here: Agents and Amateurism.  Student-athletes may contact the state of California’s Notary Public and Special Filings Department ([email protected]) to determine if a potential athlete agent representative is licensed by the state.  

Trademark and Licensing
Cal owns and protects multiple trademarks, including, without limitation, its name, logos, color combinations, slogans, mascot, and other items.  Cal prohibits the use of any of its symbols, insignia, or other identifying marks without express written approval. Unauthorized use of the marks constitutes trademark infringement and is subject to civil and criminal penalties. 

Photographs, non-competition film, and other digital productions that are produced and/or owned by Cal Athletics cannot be used in NIL endorsements by non-institutional third parties without permission unless the entity is a licensee who secures approval through Co-Branding or Group Licensing purposes. 

For additional information, please visit the BCBP website: https://bcbp.berkeley.edu/brand-protection. 

Conflicts with University Contracts
UC Berkeley student-athletes may not enter into a contract providing compensation to the student-athlete for the use of the student-athlete’s NIL if a provision of the contract is in conflict with a provision of a UC Berkeley or Cal Athletics contract. A student-athlete who enters into a contract providing compensation to the athlete for the use of the athlete’s NIL shall disclose the contract to the Cal Athletics Compliance Office (see the process below). If UC Berkeley asserts a conflict, it will disclose to the student-athlete or the student-athlete’s legal representation the relevant contractual provisions that are in conflict.