October 14, 2022

NIL Frequently Asked Questions

Name, Image, and Likeness (NIL)

Question: What is name, image, and likeness (NIL)?

Answer: NIL stems from the right of publicity, which is an intellectual property right that protects a person’s right to use their name, image, likeness, or other component of their personal identity (e.g., nickname, pseudonym, voice, signature, likeness, jersey number, or photograph) for commercial benefits.

Question: What is an approved NIL-related activity?

Answer: An approved NIL activity occurs when a student-athlete provides a service using their NIL in exchange for some form of compensation at market value. The most important concept associated with an approved NIL-related activity is “an exchange of services”. The student-athlete provides a service using their NIL and the recipient of that service compensates the student-athlete in return.

Question: May a student-athlete receive money/goods without providing a service?

Answer: No, if a student-athlete receives money or goods without providing a service, it would be considered an extra benefit under existing NCAA rules. The student-athlete would be deemed immediately ineligible and must go through the NCAA’s reinstatement process before returning to competition.

Representation (Agents and Attorneys)

Question: May I sign with an athlete agent or attorney to manage my NIL-related activities?

Answer: Yes. However, student-athletes may use an athlete agent or attorney only for the purposes of securing NIL-related compensation. Student-athletes may NOT secure an athlete agent or attorney for the purpose of marketing their athletic abilities to professional sport organizations.

Any athlete agent used for NIL-related purposes must be licensed with Florida’s Department of Business & Professional Regulation, and any attorney used for NIL-related purposes must be a member in good standing of The Florida Bar Association.

Question: What information am I required to share with the athletic department about my representation?

Answer: Per Florida State University Athletics guidelines, athlete agents and attorneys must register with the Florida State University Athletics Compliance Office prior to representing any FSU student-athlete for NIL-related activities .


Questions: Will the public have access to my agreements and business opportunities (e.g., terms or amounts of contracts)?

Answer: No, Florida State University will not release student-athlete NIL-related activities to any entity unless compelled to do so by a legal order.

Question: If someone uses my NIL without my permission, do I have any recourse?

Answer: Yes, if any person or business uses your NIL without your permission, please contact the Florida State University Athletics Compliance Office (jescue@fsu.edu). The Athletics Compliance Office will be able to assist you.


Question: Can I use the images and videos provided to me through INFCR or by Florida State University Athletics for NIL-related activities?

Answer: No, the copyright on these images/videos is for editorial/brand building use only and has NOT been approved for commercial purposes. Please click on the following hyperlinks for more information on the use FSU logos/marks and FSU Athletics’ NIL policy.

Question: Am I allowed to state that I am a Florida State University student-athlete during my NIL-related activities?

Answer: Yes, you may identify yourself as a Florida State University student-athlete during a NIL-related activity.

Question: What are collectives, and may I work with them?

Answer: A collective is a group of FSU supporters who have pooled their resources to engage in approved NIL-related activities with student-athletes. It is permissible for student-athletes to work with a collective. Please remember that for a student-athlete to permissibly accept any payment from a collective, he or she must first perform a service for the collective using his or her NIL.

Question: Will participating in NIL activities impact my financial aid?

Answer: Income earned from NIL-related activities may affect a student-athlete’s financial aid package. Florida State University offers several different types of need-based financial aid. Criteria for available need-based grants can be found here . Student-athletes with questions about need-based financial aid should reach out to the office of financial aid .

Question: Am I responsible for taxes for my NIL-related income?

Answer: Yes. Student-athletes should seek tax assistance for any NIL-related income earned. Student-athletes should note that taxable income might include any tangible and intangible items given in exchange for use of the student-athlete’s NIL.

Question: I am an international student athlete, am I able to financial benefit off my NIL?

Answer: Opportunities for student-athletes in the United States with F-1 visas to earn NIL compensation may be limited by their student-visa requirements. Prior to engaging in any NIL-related activities, international student-athletes with F-1 visas should contact the FSU Athletics Compliance Office (jescue@fsu.edu).