Conference Call No. 8
April 6, 2005

Acting for the Division I Management Council, the Division I Legislative Review/
Interpretations Committee issued the following interpretation:

Use of a Student-Athlete's Picture Without Knowledge or Permission

Sale of a Student-Athlete's Photograph. The committee determined that in cases in which a student-athlete's photograph is sold by an individual or agency (for example, private photographer, news agency) for private use, the student-athlete (or an institution acting on behalf of the student-athlete), is not required to take steps (for example, send a cease-and-desist request) to stop the sale of the photograph in order to retain his or her eligibility for intercollegiate athletics. The committee noted that such steps are unnecessary since legal precedents afford individuals and agencies the right to sell photographs for private use. Further, the committee noted that if a student-athlete's name or picture appears on any other commercial items or is used to promote a commercial product or service, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps (for example, send a cease-and-desist request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. [References: NCAA Bylaw 12.5.2.2 (use of a student-athlete's name or picture without knowledge or permission).]