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NCAA Bylaws regarding Merchandise


awuestenfeld

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Hello all,

This may open up a can of worms, but does anyone know the exact rule on usage of a current NCAA player's name (first, last, or nickname) on merchandise such as t-shirts?

I recently was messing around with a shirt design and sent it to the player the design referred to. After he ordered numerous shirts (at full retail value) he became worried about compliance issues with the NCAA. I spoke with his compliance person at the university and he told me that "it is impermissible for anyone to sell an item that uses the name (first, last, or even a nickname), picture, or likeness of a student-athlete with remaining eligibility". I can understand if I were selling these shirts on the corner before the game, but this was a request directly from the player himself.

What are your thoughts? Can I sell these to his family and just not him? Should I use them as car towels now?

Thanks for the help!

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I would do what the compliance officer says, just to be sure.

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I would think it would be no different than him or his family goin into their local print shop and ordering tees for their family. As long as there are no school logos I don't see how it would be wrong. I could be wrong on this though. So like posted above check with compliance officer but i would recommend the player asking so it doesn't seem like you are making these to supply to fans.

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If the compliance officer says they're no good, they're no good. It's the same reason why the players in the NCAA football games aren't ID'd by name (and why former players are on the covers of said games).

The shirts can be considered an impermissible extra benefit.

 

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you can't make college apparel that implies a specific player, be it name or number, even if you are selling it to his family, you are still profiting off an "amateur" athlete.

You couldn't just give them to the athlete either, because that would be an "improper gift"! You're stuck between not being able to sell them to the athlete and being able to give them to him either. The NCAA works in mysterious ways.

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you can't make college apparel that implies a specific player, be it name or number, even if you are selling it to his family, you are still profiting off an "amateur" athlete.

You couldn't just give them to the athlete either, because that would be an "improper gift"! You're stuck between not being able to sell them to the athlete and being able to give them to him either. The NCAA works in mysterious ways.

So should the player steal the shirts? Is that okay?

 

 

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Hello all,

This may open up a can of worms, but does anyone know the exact rule on usage of a current NCAA player's name (first, last, or nickname) on merchandise such as t-shirts?

I recently was messing around with a shirt design and sent it to the player the design referred to. After he ordered numerous shirts (at full retail value) he became worried about compliance issues with the NCAA. I spoke with his compliance person at the university and he told me that "it is impermissible for anyone to sell an item that uses the name (first, last, or even a nickname), picture, or likeness of a student-athlete with remaining eligibility". I can understand if I were selling these shirts on the corner before the game, but this was a request directly from the player himself.

What are your thoughts? Can I sell these to his family and just not him? Should I use them as car towels now?

Thanks for the help!

It's against NCAA rules. I live in Springfield, IL, which is Andre Iguodala's hometown. When he was playng at Arizona a local sports shop ordered a bunch of replica Arizona jerseys with his number on them. They then took them to a t-shirt shop in town and had the font Arizona uses for player names matched and printed his name on them. The NCAA found out about it and put a stop to it immediately.

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I talked with compliance officers, and they said that there is nothing the NCAA can do to me, but that they could give the university a violation (which I would not want). I just find it funny that a player authorized the use of his family's last name but because he plays for an NCAA team he can't authorize the use of HIS OWN NAME. Both of the universities I spoke with said that numbers are OK to use, but that names are a no go. They also said that the NCAA doesn't actively monitor this area, but that if the university sees items they have to send Cease and Desist letters to cover their rear.

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Just give it to him as a graduation gift. You'll make a friend for life and be completely legal doing it.

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I talked with compliance officers, and they said that there is nothing the NCAA can do to me, but that they could give the university a violation (which I would not want). I just find it funny that a player authorized the use of his family's last name but because he plays for an NCAA team he can't authorize the use of HIS OWN NAME. Both of the universities I spoke with said that numbers are OK to use, but that names are a no go. They also said that the NCAA doesn't actively monitor this area, but that if the university sees items they have to send Cease and Desist letters to cover their rear.

The schools does not have to, the onus is on the student-athlete.

12.5.1.1.6 Effect of Violations. The following violations of Bylaw 12.5.1.1 shall be considered institutional

violations; however, the student-athlete’s eligibility shall not be affected: (Adopted: 1/14/97, Revised:

4/26/07, 10/29/09)

[A] An institution, without the student-athlete’s knowledge or consent, uses or permits the use of the student-athlete’s name or picture in a manner contrary to Bylaw 12.5.1.1;

A violation in which the only condition of the legislation not satisfied is the requirement to obtain

written approval from the director of athletics (or his or her designee who may not be a coaching staff member), provided the approval would have been granted if requested; or

[C] A violation in which the only condition of the legislation not satisfied is the requirement that the

student-athlete and an authorized representative of the charitable, educational or nonprofit agency sign a release.

12.5.2.1.2 Improper Use of Student-Athlete’s Name or Picture. If an institution, without the student-

athlete’s knowledge or consent, uses or permits the use of the student-athlete’s name or picture in a

manner contrary to Bylaw 12.5.2.1, the violation shall be considered an institutional violation; however, the

student-athlete’s eligibility shall not be affected. (Adopted: 1/11/97)

12.5.2.2 Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission. If a student- athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

Such steps are not required in cases in which a student-athlete’s photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use. (Revised: 1/11/97, 5/12/05)

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