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.