Overall Background, Summary and Context
Student-athletes may use their name, image and/or likeness (NIL) in a commercial manner subject to New York State laws and regulations (New York Collegiate Athletic Participation Compensation Act, Section 6438-C) and institutional policy as summarized in this document.
Required Disclosure
Student-athletes must disclose any NIL opportunity to the institution prior to entering into a written or verbal contract or otherwise participating in NIL activity. To meet this requirement at Cornell, student-athletes should submit a
Name, Image, and Likeness Disclosure Form via ARMS. Upon review, the institution shall disclose to the student-athlete, or their legal representation, any conflicting contractual provisions.
Conditions of Activity
Cornell University will review every NIL contract for potential conflicts. The University reserves the right to assert conflicts consistent with New York State law. In individual instances, the University may choose to exempt an NIL contract from an asserted conflict. Generally, the University will not approve NIL contracts that:
- Conflict with an existing team or institutional contract or sponsorship (NYS 6438-c, d(i) and d(iii);
- Violate the Student Code of Conduct or Cornell’s Student-Athlete Responsibilities as outlined in the Student-Athlete Handbook (NYS 6438-c, d(ii));
- When judged reasonably, cause financial loss or reputational damage to the institution (NYS 6438-c, d(iv)); Examples include, but are not limited to, activities that include: adult entertainment, alcohol, casinos, gambling, sports wagering, tobacco, electronic smoking products, cannabis, prescription pharmaceuticals, controlled dangerous substances, weapons, firearms, ammunition, NCAA banned substances, or any related product, etc);
- Require the student-athlete to miss team activities or scheduled classes (NYS 6438-c, d(v) and d(vi)); or
- Require the student-athlete to display a sponsor’s product, logo, brand or other insignia or otherwise advertise for a sponsor during official team activities (NYS 6438-c, d(viii)) or at any time if the sponsor is a competitor of, or offers products or services within the same category as a sponsor of the institution (NYS 6438-c, (d(ix)).
Further, the University shall have no liability to any student-athlete, noninstitutional entity, professional service provider, vendor, contractor, or agent as a result of a student-athlete’s participation in NIL activities.
Additional Conditions Specific to Use of Cornell Marks, Name and Facilities
Consistent with Cornell’s Policy regarding Sales Activities on Campus , Residential Housing agreements or other policies, student-athletes MAY NOT use Cornell housing, facilities, equipment, or other university-owned property to conduct NIL activities.
Student-athletes are not permitted to use Cornell’s intellectual property, including its trademarks, logos, service marks, symbols, or other intellectual property in any manner associated with or related to a NIL opportunity UNLESS specific advance approval is obtained in accordance with the Cornell Policy on Use of Name and Marks available here. Violation of Cornell’s policy with regard to use of its names and marks also represents violation of New York State law.
Further:
- Any prior written approval from Cornell shall be limited to a specific NIL opportunity and shall not act as Cornell's approval of any additional usage or waiver of Cornell’s intellectual property rights.
- Student-athletes MAY purchase, autograph and sell officially licensed memorabilia that includes Cornell’s marks. Student-athletes MAY NOT sell products provided by Cornell Athletics, alumni, boosters or any other awards received for intercollegiate athletic participation while they are a student-athlete.
- Student-athletes MAY NOT use photos or videos containing Cornell trademarks, logos, service marks, symbols, or other university owned intellectual property in NIL Activities without prior written approval from Cornell (using the method above), regardless of how your photos or videos are obtained.
- Example: wearing a Cornell branded hat in a photo you took that promotes a business in a social media post.
- Student-athletes MAY use photos or videos containing Cornell trademarks, logos, service marks, symbols, or other intellectual property for their personal brand building on social media.
- Example: posting a video of yourself in uniform playing your sport that makes no reference to a business or other external entity.
- Student-athletes MAY state that they play “[insert name of sport] at Cornell University” or that they are “a member of the [insert name of sport] at Cornell University” to identify themselves in connection with NIL Activity. Student-athletes MAY NOT imply, directly or indirectly, that Cornell is endorsing NIL Activities or any products or services associated with NIL Activities.
- Example: A poster promoting your appearance at an autograph event may not use Cornell branding, but may include a location indicator with your name and “a member of the [sport] team at Cornell University”.
Professional Representation
Student-athletes can obtain professional representation in relation to name, image, or likeness contracts or legal matters, including but not limited to, representation provided by athlete agents or legal representation provided by attorneys. Per New York State law, professional representation obtained by a student-athlete shall be from persons registered and/or licensed by the state. Professional representation provided by athlete agents shall be persons registered pursuant to article thirty-nine-E of the general business law. Legal representation of student-athletes shall be attorneys licensed pursuant to article fifteen of the judiciary law.
It is impermissible for a student-athlete to be represented by an agent for the purpose of marketing athletics ability or reputation for purposes of participation in professional sport.
Withholding, Tax & Other Obligations
Student-athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity.
International student-athletes may be prohibited from participating in commercial NIL activity by their visa status. Students should consult with the
Office of Global Learning before engaging in commercial activity or employment of any kind.
Enforcement
Violations of this policy may result in appropriate disciplinary measures in accordance with state or federal law, University policies, procedures and/or codes of conduct, including the Cornell Athletics Department Rights and Responsibilities as outlined in the
Student-Athlete Handbook, and may result in sanctions up to and including suspension or dismissal from a team and permanent ineligibility to participate in college athletics.
