The Association has created a study group to further examine issues surrounding the use of student-athletes’ likenesses for institutional, charitable, educational and nonprofit promotions.

The examination will build on the momentum of a June meeting between the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism and representatives from a variety of other interested groups.

Experts familiar with the current trends used for marketing and sponsorship will join the subcommittee members on the study group. They are charged with making recommendations to the Division I Board of Directors over the next year. In the interim, the membership can use the standards set forth in Proposal No. 05-26 as a guideline, even though the proposal was withdrawn last spring to facilitate broader discussion.

Those standards require president or chancellor oversight when using a student-athlete’s image or likeness in institutional, charitable, educational or nonprofit promotions. They also restrict the appearance and description of the commercial product or service and the company’s logo. In addition, the standards require an explanation of the commercial entity’s affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency.

Divisions II and III adopted those provisions at the 2006 Convention with overwhelming majorities, but Division I wants to discuss the concepts in Proposal No. 05-26 from a broader perspective. Members thought that discussion would be hampered if the proposal remained active.

The new study group will discuss the effects of advancing technology on promotional activities involving student-athletes’ images and will look broadly at the use of student-athlete likenesses for such activities.

The current promotional-activities rule was crafted more than 20 years ago to address the use of a student-athlete’s name, image or likeness in printed materials only. The restrictions do not translate easily to other media, such as the Internet, mobile phones or even television advertisements in which footage of student-athletes engaged in competition often is used.

The issue emanated from a desire the Board expressed in August 2005 to explore more flexibility for institutions in promoting their athletics programs using new technology. Since then, the membership has struggled with the need to develop rules to account for the ever-changing technological landscape while still preserving the principle of amateurism of the student-athlete. At the heart of the issue is the possibility that corporate partners or others could sponsor promotional ads that would lead the public to perceive that student-athletes are endorsing the commercial product or service the partner provides.

At their June meeting, some subcommittee members wrestled with distinguishing between "informational" activities and those that might be construed as endorsements of commercial products. However, they also saw the opportunity to advance the core values of both the NCAA or their institution and higher education in general. Members also acknowledged that corporate partners are important to intercollegiate athletics and higher education, especially in the current financial climate.

The subcommittee discussed some preliminary recommendations at its June meeting. Current legislation allows only one corporate trademark in conjunction with the institutional or nonprofit promotion, but it does not limit how large that logo must be. The subcommittee concluded that limiting the size and number of logos and trademarks was appropriate. Members also indicated that student-athlete likenesses should not be used in conjunction with the display of a commercial product or service.

Also at the June meeting, the subcommittee heard from student-athletes who indicated they had no problem with appearing in advertisements that center on an entire team instead of just one individual and that promote the competition, not the person. At its July meeting, the Division I Student-Athlete Advisory Committee discussed the issue and identified values and themes that student-athletes would like to see portrayed in future promotions, with an emphasis on the team and the values a student-athlete develops through participation in intercollegiate athletics.

The study group will consider that input and contributions from several constituencies and will make further recommendations for the Board to review. It will begin meeting sometime this year.

The use of a student-athlete’s likeness also came into question with the approval and August 1 implementation of Proposal No. 05-25, which prohibits the sale of an individual student-athlete’s name, picture or likeness from being sold other than on informational items. Items such as T-shirts with a student-athlete’s picture, jerseys with names and a name or likeness on a bobble-head doll are prohibited from retail sales under the new legislation. Sales of simple photography, media guides, schedule cards and institutional publications all are permissible. Before the approval of the legislation, institutions were permitted to sell products that use a current student-athlete’s name or likeness — including jerseys with names — though a 2004 survey indicated that few institutions did so.