What is the Illinois NIL Law?
Replaces everything after the enacting clause. Creates the Student-Athlete Endorsement Rights Act. Sets forth definitions, including “compensation”, “student-athlete”, and “postsecondary educational institution”. Sets forth provisions concerning the conditions in which a student-athlete may and may not earn compensation for the use of the student-athlete’s name, image, likeness, or voice while enrolled at a postsecondary education institution. Provides that an institution may impose reasonable limitations on the dates and time that a student-athlete may participate in endorsement, promotional, social media, or other activities related to the license or use of the student-athlete’s name, image, likeness, or voice. Provides, among other prohibitions, that no institution, athletic association, conference, or other group or organization with authority over intercollegiate athletic programs shall uphold any contract, rule, or regulation that prevents a student-athlete from earning compensation as result of the use the student-athlete’s name, image, likeness, or voice. Provides that a student-athlete’s financial aid, awards, and other benefits may not be revoked, reduced, or the terms and conditions altered as a result of the student-athlete receiving compensation. Sets forth other requirements, limitations, and prohibitions on the use of a student-athlete’s name, image, likeness, or voice. Sets forth provisions concerning agents, publicity rights, and third party licensees. Sets forth other provisions concerning student-athlete contracts, endorsements, or the promotion of products or services. In liability provisions, provides that no postsecondary educational institution shall be subject to a claim of any kind under the Act. Effective immediately or on July 1, 2021, whichever is later.
When does Illinois NIL Compliance Start?
Illinois NIL started on July 1, 2021, per the NCAA Interim Policies and with the passage of Senate Bill 2338, Illinois State NIL laws also took effect on July 1, 2021.
How does Illinois NIL affect NCAA Student-Athletes?
Illinois NCAA Student-Athletes will be able to earn compensation for the use of her or his name, image, or likeness (NIL) through a multitude of different opportunities. Student-Athletes can now make money for things such as endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, and many more!
What are Illinois Name, Image, and Likeness Best Practices?
Both athletes and administrators in the State of Illinois should start by making sure they have a proper understanding of the rules and regulations set-forth by Senate Bill 2338. A working-knowledge of the ‘Dos and Don’ts’ for Illinois NIL will allow all parties to safely and successfully navigate the new landscape. The next most important aspect would be the compliance component of NIL. Not only do students need to make sure they are entering agreements that are compliant with the passed state regulations, but they need to make sure they are transparent with their school to avoid any institutional conflicts.