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Name, image, and likeness: how the game has changed

Stephen Slezak, Campus Carrier asst. sports editor

The introduction of Name, Image and Likeness (NIL) rights has transformed college athletics by allowing student-athletes to profit from their personal brands through opportunities like brand endorsements and personal merchandise. At Berry, a division three school, the impact of NIL is less common compared to larger division one programs, where high profile athletes often attract lucrative deals. However, NIL opportunities still exist for some student-athletes at smaller schools, particularly those with strong social media followings. While the scale may be smaller, these athletes can still benefit from partnerships with local businesses or through social media endorsements.

Navigating NIL contracts can be complicated, as student-athletes must understand the legalities, rights and the personal responsibilities of the athlete. These deals often require attention to ensure compliance with the National Collegiate Athletics Association (NCAA) rules and the terms outlined by both the athlete and company involved. If a student-athlete is fortunate enough to secure an NIL deal, they are compensated by the company or organization once they have fulfilled part of the agreement, which could involve promoting the product or service. The student-athlete is informed of the conditions of the contracts with resources provided to make sure these rules are followed. Shane West, assistant director of compliance, facilities and game management, explains how NIL works to all the student-athletes at Berry.

“Any student-athlete has the opportunity to earn compensation for the use of their name, image and likeness, as long as three things hold true,” West said. “The compensation is not provided by the institution or any of its employees. The compensation is not provided based on pay-for-play, as a trigger for a recruit to commit or an incentive to remain enrolled at the institution.  The compensation is not earned by endorsing things such as alcohol, tobacco products, anabolic steroids, sports betting and gambling.”

When agreeing to NIL deals, student-athletes are required to follow specific procedures set by the school to ensure compliance with NCAA rules and policies. They must present all necessary paperwork to the school’s compliance office, detailing the terms of the deal, including what the company is offering and what is expected from the athlete in return. West is involved in these conversations between the athlete and school.

“My job is to simply evaluate what they disclose to me and make sure that they understand what they have to do to retain their eligibility,” West said. “[I] make sure they are aware of any financial aid changes that could occur by entering into that particular NIL contract.”

When people think about NIL’s impact on college athletics, they often associate it with recruiting, where schools may use NIL opportunities to attract athletes by offering financial incentives. However, this is not the case at Berry, where NIL benefits play no role in the recruiting process. Student-athletes at Berry are not swayed by any NIL deals when choosing to be a Viking. Instead, when NIL opportunities do arise, they are pursued by the athletes after they have already enrolled in the school. 

“NIL contracts for our student-athletes cannot be used as a recruiting inducement and should not be discussed until the student-athlete is enrolled and on campus for classes,” West said.

Currently at Berry College, some students have secured NIL deals despite being at a division three school, where such opportunities are less common. Junior women’s lacrosse players Dani Taraska and Katie Claire Smith have both successfully partnered with the popular shoe brand HeyDude. These deals highlight that even at smaller schools, athletes can still profit from their personal brand based on their connections. 

The introduction of NIL rights has transformed college athletics from division one all the way down to the junior college level. Allowing a college athlete to profit from their personal brand is a change that was needed for college athletes and rightfully given. Entering into a deal can be complex, as athletes must comply with NCAA rules and understand the contract to the fullest extent possible. Shane West plays a major role into this process through educating the athletes at Berry about the procedures to keep them eligible for competition. For the athletes that have engaged in NIL deals at Berry, they have been given a chance to promote a product with also receiving compensation for promoting that brand. 

The future of NIL in college athletics will bring increased athlete involvement and education about the new change. Advisors will play a larger role in guiding these athletes to navigate the NIL world while also balancing academics and athletics. As NIL continues to evolve, it is likely that more Berry athletes will take advantage of these opportunities, opening doors to new partnerships and further solidifying the importance of personal branding in collegiate sports.

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