Name, Image and Likeness

UTSA Student-Athlete Directory (.pdf) - updated 2/15/23

The NCAA definition of “Extra Benefit”: An extra benefit is any special arrangement by an institutional employee or representative of the institution's athletics interests to provide a student-athlete or the student-athlete family member or friend a benefit not expressly authorized by NCAA legislation. Receipt of a benefit by student-athletes or their family members or friends is not a violation of NCAA legislation if it is demonstrated that the same benefit is generally available to the institution's students or their family members or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability.

Texas State Law

Frequently Asked Questions

May I provide name/image/likeness-compensation to a prospective student-athlete (i.e., PSA)?

No. The Texas law states, “No individual, corporate entity, or other organization may: (1) enter into any arrangement with a prospective student-athlete relating to the prospective student-athlete’s name, image, or likeness prior to their enrollment in an institution of higher education; or (2) use inducements of future name, image, and likeness compensation arrangement to recruit a prospective student-athlete to any institution of higher education.” Generally, PSAs in Texas participate in competition governed by state athletics associations that have amateurism rules which prohibit a PSA from using his/her NIL for compensation.

May I enter into an agreement with a UTSA student-athlete (i.e., SA) for the use of the SA’s name, image or likeness (i.e., NIL) in exchange for money, goods, or services?
Yes, subject to restrictions in state laws, as well as potential federal laws and NCAA rules; however, before a SA enters into such a contract, the SA must disclose to UTSA, in the manner prescribed by the institution, any proposed contract the SA may sign for use of the SA’s NIL.

Does the Texas NIL law mean that a booster or fan of UTSA may provide a student-athlete (i.e., SA) with any amount of compensation at any time as long as it is in exchange for the use of the SA’s NIL?
No, there are some restrictions. Of those restrictions, the most significant prohibit SAs from profiting from their NIL when they are engaged in official team activities and prohibit receiving compensation for their NIL that is based on:

  • The SA’s enrollment or attendance at UTSA or
  • The SA’s athletic performance at UTSA

May UTSA or its staff members assist me with arranging for UTSA SAs to utilize their NIL for compensation with my business, etc.?
No. UTSA and its staff members may not arrange for our SAs to participate in NIL contracts or activities; however, we may forward information about legitimate NIL-opportunities to our SAs for their consideration. There are two reasons: (1) The Texas NIL law precludes an institution from providing NIL compensation and (2) Texas law generally prohibits the use of state resources for private gain.

May I act as a marketing agent for a SA?
Yes, you may, but any agreement with the SA must be limited to marketing the SA’s NIL. Furthermore, if you are also an athlete agent*, then you must be registered and bonded as an athlete agent with the Texas Secretary of State and may not initiate any communication related to professional sport representation with the SA or SA’s family outside of athlete agent interviews organized by UTSA.

*Texas law defines an athlete agent as an individual who for compensation, directly or indirectly recruits or solicits an athlete to enter into an agent contract, a financial services contract, or a professional sports services contract with that individual or another person; or for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.

May UTSA’s marks, logos, or other institutional property be used in a proposed NIL-contract with a UTSA SA (e.g., SA filming endorsement ad while wearing UTSA hat)?
No. Texas state law prohibits SAs from earning NIL-compensation in exchange for property owned by UTSA, or, for providing an endorsement while using intellectual property or other property owned by UTSA.

May a SA receive NIL-compensation based on the SA’s athletic performance at UTSA?

May an NIL contract stipulate that a SA must compete for, or attend, UTSA (or any other NCAA member school)?

May I compensate a SA for the SA’s NIL when the SA is engaged in official team activities?
No. For example, if a SA is at a UTSA Athletics-organized fan event or at an away-from-home competition, you may not compensate the SA for the SA’s autograph or photo because the SA is engaged in official team activities. In short, if the SA is participating in some activity because UTSA Athletics organized it, then it is an official team activity.

Can I just give money to a SA because of their status as a student-athlete?
No. NCAA extra benefit and recruiting inducement rules still apply. Payment for NIL activities must include an action on the SA’s part (e.g., promotion, appearance, autograph, etc.). Otherwise, the payment could be an extra benefit or preferential treatment violation and jeopardize the SA’s eligibility for athletics participation.

Are there any industries or products that SAs may not endorse?
Yes. Texas law prohibits a SA from entering into a contract for the use of the SA’s name, image or likeness in exchange for an endorsement of:

  • Alcohol
  • Tobacco products
  • E-cigarettes or any other type of nicotine delivery device
  • Anabolic steroids
  • Sports betting
  • Casino gambling
  • A firearm the student athlete cannot legally purchase or 
  • A sexually oriented business as defined in Section 243.002, Local Government Code

What are other examples of when a SA may not engage in NIL-activity for compensation, according to Texas law or Federal law?
Other prohibited examples include compensation for SA NIL activity:

  • When the SA is not a US citizen and the SA’s visa generally prohibits employment
  • In exchange for:
    • Property owned by UTSA (e.g., current jersey or equipment);
    • An endorsement while using UTSA intellectual property or other UTSA-owned property (e.g., paying SA for photo when SA is wearing UTSA apparel or on UTSA’s campus).
  • That conflicts with:
    • A UTSA contract;
    • A UTSA sport’s written team rules/team contract, Athletics financial aid agreement, or Athletics Department student-athlete rules; or
    • UTSA’s Code of Conduct or other student rules. 

How long may a SA’s NIL-related contract last?
The duration of the SA’s contract may not extend beyond the SA's participation in the Texas institution’s intercollegiate athletics program.

Will UTSA assist SAs with other NIL-related issues?
Yes. UTSA will have a robust program to educate student-athletes in how to maximize the use of their NIL for compensation, as well as understanding associated issues (e.g., financial literacy, debt management, time management, budgeting, and academic resources).