Rules and Regs

NCAA rules and regulations are constantly changing. Below is a recent rule interpretation as it relates to the selling of a student athletes picture. Please comment and post any NCAA questions you may have.

Educational Column -- NCAA Division I Bylaws 12.5.2.1, 12.5.2.1.2 and 12.5.2.2 (Third Party Sale of Student-Athlete Photographs) (I)

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Date Issued: Sep 12, 2006
Type: Ed. Column
Item Ref: 1

Interpretation:

NCAA Division I institutions are reminded that current legislation does not permit an individual or agency (e.g., private photographer, news agency) to sell photographs of student-athletes with remaining eligibility for private use. Rather, NCAA Division I Bylaw 12.5.2.2 relieves the student-athlete (or the institution acting on behalf of the student-athlete) from the obligation to take steps (e.g., send a cease and desist request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

During its April 6, 2005, teleconference, the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations noted that such steps are unnecessary inasmuch as legal precedent affords individuals and agencies the right to sell photographs for private use. Further, the subcommittee 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 (e.g., send a cease and desist request) to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

It is not permissible for an institution to permit (e.g., through a written agreement with a third-party) the sale of student-athlete photographs by an individual or agency for private use. The misuse of a student-athlete's picture in this manner continues to be a violation of Bylaw 12.5.2.1.