Name, Image and Likeness Bill Amendment FAQs
General Information
Q: What does name, image and likeness mean?
A: Name, image and likeness is a phrase that is used to describe a student-athlete’s ability to earn compensation from a business, individual, entity, etc. that utilizes their name, image, likeness, signature, voice, caricature, etc. for commercial and/or non-commercial purposes.
Q: Why is name, image and likeness important in the current landscape of college athletics?
A: Most student-athletes do not receive a full scholarship. Compensation for name, image and likeness can help many student-athletes fund their tuition, fees, room, board and other expenses. Moreover, a robust name, image and likeness program is necessary when the most talented individuals are selecting which colleges and universities to attend.
Institutional Involvement
Q: Are Virginia colleges and universities required to pay student-athletes for their name, image or likeness?
A: No, the Virginia name, image or likeness law is permissive and provides Virginia colleges and universities discretion to compensate student-athletes for their name, image or likeness.
Q: Are new policies and procedures necessary to compensate student-athletes for their name, image or likeness?
A: If Virginia colleges and universities compensate student-athletes for their name, image or likeness, then they are required to develop new policies and procedures regarding this issue, which must be approved by their governing board (e.g., Board of Visitors).
Q: Are student fees going to be used to pay student-athletes for their name, image or likeness?
A: The Virginia name, image and likeness law expressly prohibits student fees from being used to pay student-athletes for their name, image or likeness.
Q: What is considered a student fee?
A: A student fee is any fee a student is charged to support any intercollegiate athletics programs.
Q: How can Virginia colleges and universities assist student-athletes with name, image and likeness activities?
A: The Virginia name, image and likeness law allows Virginia colleges and universities to educate student-athletes about name, image and likeness issues and identify, create, negotiate, facilitate, support, engage with, assist with, or otherwise enable a name, image, or likeness opportunities for student-athletes.
Q: Are Virginia colleges and universities permitted to incentivize support for name, image and likeness activity?
A: The Virginia name, image and likeness law allows Virginia colleges and universities to provide assets, resources, or benefits as an incentive to individuals or entities that support name, image, or likeness opportunities.
Q: Is compensation for name, image and likeness opportunities considered pay-for-play?
A: No, it’s compensation for the use of the proprietary interest in a student-athlete’s name, image or likeness.
NCAA Rules
Q: Does Virginia’s name, image and likeness law conflict with NCAA rules?
A: Virginia colleges and universities are subject to Virginia law. The University of Virginia is assessing whether certain activities permitted under the Virginia name, image and likeness law conflict with NCAA rules. In any case, the University of Virginia will continue to operate in a manner that is consistent with the standards of the mission of the University of Virginia.
Q: Can a student-athlete be penalized for participating in name, image and likeness activities pursuant to the Virginia name, image and likeness law?
A: The Virginia name, image and likeness law provides student-athletes protections for engaging in name, image and likeness activity pursuant to the law. The University of Virginia will continue to review each situation on a case-by-case basis and advise student-athletes accordingly.
Collectives & Donors
Q: Does the Virginia name, image and likeness law preclude the existence of collectives?
A: Nothing in the Virginia name, image or likeness law states collectives cannot exist.
Q: What is a collective?
A: A collective is an organization – unaffiliated with a college or university – that provides name, image and likeness opportunities for student-athletes. Specifically, a collective engages with businesses, local charities, and donors and supporters to provide personal and professional development opportunities and name, image and likeness opportunities for student-athletes.
Q: Does the Virginia name, image and likeness law prevent contributions to a collective?
A: Nothing in the Virginia name, image or likeness law prevents individuals or entities from contributing to a collective to support name, image or likeness opportunities.
Q: How can someone support University of Virginia student-athletes under the Virginia name, image and likeness law?
A: The best way to support University of Virginia student-athletes under the Virginia name, image and likeness law is contributing to Cav Futures Foundation. Please contact Cav Futures if you want to discuss the manner in which your contribution would be stewarded and/or utilized.
Q: If I contribute to the Virginia Athletic Foundation and other University of Virginia initiatives, why should I contribute to the Cav Futures Foundation?
A: The University of Virginia has stressed the importance of raising money for building facilities, student-athlete scholarships and other relevant needs. Contributing to the Cav Futures Foundation is just as important. By doing so, donors directly impact University of Virginia student-athletes and ensure there are robust name, image and likeness opportunities, which is essential in attracting and retaining the most talented individuals in the changing landscape of intercollegiate athletics.
Q: Will contributions to the Cav Futures Foundation now count towards Virginia Athletics Foundation giving?
A: Effective July 1, 2024, certain contributions made to the Cav Futures Foundation can count towards lifetime athletics giving totals and contributions can be eligible to receive priority points towards lifetime giving priority point calculations.
Q: Will contributions made to the Cav Futures Foundation be eligible for Virginia Athletics Foundation donor season ticket and parking benefits?
A: No, contributions to Cav Futures are above and beyond the Virginia Athletic Foundation Annual Fund giving requirement that is directly connected to season ticket and parking purchases.
Note: To contribute to NIL at Cav Futures, see the QR codes at the bottom of this page.
Student-Athletes
Q: What impact will the Virginia name, image and likeness law have on student-athletes?
A: The Virginia name, image and likeness law can greatly benefit student-athletes who participate in Olympic and non-revenue generating sports, in addition to, benefitting student-athletes who participate in football and basketball.
Q: What internal conversations have occurred at the University of Virginia about the Virginia name, image and likeness law?
A: The University of Virginia has extensively reviewed what’s permissible under the Virginia name, image and likeness law and is determining the best course of action for the institution and our student-athletes. The University of Virginia will be mindful of its institutional values and the best interest of its student-athletes in making any decision.
Q: What impact does the Virginia name, image and likeness law have on international student-athletes?
A: The Virginia name, image and likeness law doesn’t impact international student-athletes being able to earn name, image and likeness compensation. Federal immigration law, and visa status, control whether an international student-athlete can be compensated for their name, image or likeness
Tennessee/Virginia Preliminary Injunction
Q: How does the Virginia name, image and likeness law impact the preliminary injunction that was granted in the lawsuit Tennessee and Virginia brought against the NCAA?
A: The U.S. District Court, Eastern District of Tennessee issued a preliminary injunction against the NCAA’s interim name, image likeness policy, and NCAA bylaws, that preclude high school and transfer prospective student-athletes from negotiating name, image and likeness opportunities with 3rd parties (e.g., collectives, boosters) prior to committing to an institution.
The preliminary injunction was narrowly tailored and focused on prospective student-athletes engaging with 3rd party entities about name, image and likeness prior to making an enrollment decision. The Virginia name, image and likeness law focuses on current student-athletes and their potential name, image and likeness opportunities and what involvement institutions may have regarding name, image and likeness issues.
Contribute to Cav Futures
(On your mobile phone or tablet, open the built-in camera app. Point the camera at the QR code. Tap the banner that appears on your phone or tablet.)
