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Make the most of INFLCR's Local Exchange for Businesses with video lessons on topics that include:

  • Finding Your Perfect Student-Athlete
  • Proposing a Transaction
  • Completing a Transaction
  • Configuring your Settings
 
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The Brandr Group

Pitt’s NIL Group Licensing Partner

INFLCR

National Leader in NIL Programing

 
NIL Resources

Name, Image and Likeness includes any activity in which a student-athlete (SA) uses their name, image, or likeness in exchange for compensation, including personal appearances or autograph signings, or in order to promote or endorse, directly or indirectly, a brand, company, product, or commercial, non-commercial, non-institutional, or charitable entity.

Historically, an NCAA Division I SA could not use their NIL to promote or endorse a commercial product or service, even if he or she is not paid to participate in the activity.

Pitt student athletes have already partnered with these local and national brands:

Alliance 412, LLC
American Queen Steamboat
Bloom Nutrition
Boosted
Brigid Media LLC
Bumble/Influential
Cameo
Chapman Auto Stores
Chinook Seedery
CVS
Dunkin Donuts
Firefly Recovery
Fuel And Fuddle
God Over Glory
Gussy's Bagels
I Am Second
ICON1 SPORTS MARKETING
InfluenceTee
Insomnia Cookies
Instafreshener
Ithen USA
Jaster Athletes
Krave Beef Jerkey
Lifestyle Bands
Liquid IV
Nude Skyn
P3R
Peter Varischetti
Pittsburgh Pickle Company
Pittsburgh Spots Now
Postgame
Primanti Bros
Pura
ROC Nation Sports
Roots Natural Kitchen
Sage
Salty Mf
SBR Sports Inc.
Sculli's Pizza
SeekJesus.co
SoFresh
Steel City NIL
The Brandr Group, LLC
The Scoring Factory
The Upper Deck Company
Tifosi
Tyler Friel
Vantage Sports
Varsity Gems
Vencer Co
Voter participation Center
Vuori Clothing
Yoke

Read the full text of the most recent bill updating the laws governing NIL in the Commonwealth of Pennsylvania.

A Pitt student-athlete must disclose all compensated NIL Activities prior to the activity occurring. Disclosure through INFLCR is preferred but you may also disclose NIL deals through the compliance office. You are required to disclose the details surrounding the activity (i.e., what the activity includes, when and where the activity will occur, individuals and businesses connected to the activity, compensation, your verbal or written NIL agreement, etc.). Failure to disclose an NIL Activity in advance could lead to eligibility consequences.

A Pitt student athlete shall be prohibited from earning compensation as a result of the use of their NIL in connection with any person, company, or organization related to or associated with the development, production, distribution, wholesaling, or retailing of:

  • Adult Entertainment
  • Alcohol
  • Casinos and Gambling, including sports betting, the lottery, video games, online games and mobile devices
  • Tobacco and Vaping
  • Prescription Pharmaceuticals
  • A Controlled Dangerous Substance
  • Anything that is illegal, conflicts with University policy, or conflicts with NCAA rules

Also, you cannot engaged in NIL activities that require you to wear or display a competing brand while participating in team activities.

What is a Pitt mark?
A word, name, symbol, design, slogan, color, or any combination of these elements which identifies and distinguishes the goods and services of The University of Pittsburgh (Examples: Script Pitt logo, Panther head logo, H2P, University of Pittsburgh, University Shield, Cathedral image are just a few).

Are the Pitt Blue and Gold color combination and the Cathedral Numbering really Pitt Marks?
Yes. The Blue and Gold palette is a widely recognized trademark for the University’s high-quality educational services and nationally known collegiate sports teams. In addition, the University has thoughtfully crafted its own unique numbering style based on the architecture of its iconic Cathedral of Learning. The University’s “cathedral” numbering design references the pointed and curved arches of this landmark campus building. The color combination and numbering design are both valuable University trademarks that are protected by the federal Lanham Act as well as state unfair competition law.

Can I (or someone I partner with) produce or sell merchandise using Pitt marks without a license?
No. Any merchandise incorporating Pitt marks requires a license to produce. If you receive permission in accordance with the NIL (interim) Policy and if a properly authorized licensee produces merchandise for you, you (or your partnering entity) may sell it.

Can I use Pitt marks on merchandise I sell without needing permission if I am not keeping the money from what I sell, like raising money for a charity?
No. Use of Pitt marks requires permission and must be licensed

How can I use Pitt marks with my NIL?
According to the NIL (interim) Policy, you first need permission from the Department of Athletics. You must also be working with a Pitt Athletics sponsor that has, or acquires, the right to use the Pitt marks in the manner you propose, or work with a Pitt licensee to produce merchandise. (Pitt licensees are companies that are approved to use Pitt marks on merchandise that will be sold or given away).

How do I know if a company is a Pitt Athletics sponsor or licensee?
Email the compliance or licensing office (see contact info below).

What if I want to work with a company that is not licensed for Pitt?
Direct them to contact the licensing office (see email and webpage below).

What is group licensing?
Group licensing is the collective value of a group of athletes’ NIL that is licensed to produce, market and sell unique products (examples: trading cards, video games).  Once you opt into group licensing, you have the choice to participate in each opportunity as the opportunity becomes available.

Can I still do individual deals if I opt into group licensing opportunities?
Yes.

Can I wear or use Pitt marks for other NIL activities like promoting or advertising a business?
Maybe. Once again, you must be working with a Pitt Athletics sponsor that has, or acquires, the right to use the Pitt marks in the manner you propose. As always it is important to declare your NIL opportunity with the Office of Athletic Compliance seven (7) days in advance of the promotion so you can receive confirmation the promotion complies with Pitt’s NIL (interim) Policy.

The Department of Athletics and Office of International Services has prepared the following FAQ to address common questions related to international students’ ability to participate in NIL activities. However, each individual student’s situation and immigration status is unique, accordingly, student athletes should consult with their personal immigration attorney prior to undertaking any compensation generating activity.

Can nonimmigrants (e.g., foreign nationals in F-1, J-1, etc. status) work in the United States?
Nonimmigrants cannot work in the United States unless the employment is specifically provided for in the regulations. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C)(i) of the Immigration and Nationality Act.

What is the status of the rules concerning whether F-1 students (including F-1 student athletes) can be compensated for name, image, and/or likeness (NIL) efforts?
Numerous state laws on college student athletes being compensated for the use of their NIL took effect on July 1, 2021. Other states are planning or considering such legislation, and there are several bills being considered in Congress, which could preempt state laws if passed.

The U.S. Department of homeland Security (DHS) has not yet provided guidance concerning whether compensated NIL arrangements constitute employment under federal immigration law, or on the impact of such arrangements on the various nonimmigrant statuses. On June 21, 2021, the Student and Exchange Visitor Program (SEVP) announced:

The Student and Exchange Visitor Program (SEVP) is aware of and actively monitoring proposed federal and state legislation pertaining to the use of name, image and likeness for student athletes, including F and M nonimmigrant students. The program is working with its partners within the U.S. Department of Homeland Security to review how this legislation affects international student athletes and will provide updated guidance via Broadcast Messages, Study in the States, social media and SEVP field representatives.

Factors that could impact the outcome for a particular student include:

  • the nature of the specific NIL activities (which gets to whether the activity constitutes employment)
  • the student athlete's immigration status (e.g.,, a student could be in F-1 or J-1 status, or be here as a dependent in another nonimmigrant status; each of these statuses would require a separate analysis, unless DHS could craft a general policy that NIL activity authorized under a state statute would be permissible in all nonimmigrant categories, incident to status).
  • the specific provisions of state, federal, and NCAA rules.

Can F-1 student athletes receive NIL compensation while in the United States?
No. Foreign students can receive "passive income" without special/additional permission from USCIS. Passive income usually refers to money earned without the recipient actively working to earn/receive it at the time, such as earnings from a pension fund/accounts, royalties, rental property, or income from a company in whose operations you do not actively participate (e.g., dividends from a stock or the income from a bond).

Active income usually refers to money earned for work that the recipient performs, which includes freelancing, making promotional appearances, working for your own company, and being employed by a company.

Under the current rules, and because NIL compensation requires the participation of the athlete, it is not "passive income."
Unless NIL compensation is earned during "on-campus employment," USCIS could consider this activity unauthorized employment in violation of the student athlete's F-1 student visa status.

Does signing autographs or making appearances in the United States for compensation constitute work?
A. Yes.

What is permissible on-campus employment for F-1 student athletes?
The student visa regulations permit on-campus employment not to exceed 20 hours a week while school is in session. The employment must occur on the school's premises, such as a school bookstore or cafeteria, or at an off-campus location which is educationally affiliated with the school. Employment with an on-site commercial firm (such as a construction company building a school building) which does not provide direct student services is not considered permissible on-campus employment.

Can an F-1 student-athlete apply for CPT or OPT work authorization to engage in NIL activities?
Maybe. The NIL activity must qualify for Curricular Practical Training (CPT) or Standard Optional Practical Training (OPT) for the student to be able to apply for CPT or OPT. Please contact OIS for more details. Unfortunately, it is rare that an NIL activity will qualify for authorization.

Is any off-campus employment permitted for foreign students?
An F-1 student may apply to USCIS for off-campus employment authorization based upon severe economic harm/hardship caused by unforeseen circumstances beyond the student's control. USCIS processing time for these applications is currently 7-14 months. It may be unlikely that a foreign student athlete on a full scholarship can make a persuasive case for suffering “severe economic harm.”

As an F-1 student athlete may I work at summer sports camps?
It depends, if the sports camp is a Pitt owned sports camp either on campus or at a facility licensed by the University, yes, an F-1 student athlete may work at the summer camp in accordance with the appliable guidance related to on-campus employment for F-1 students.
If the camp is sponsored by a third party (regardless of location, on or off campus), for example an independent coach’s camp, a camp sponsored by a collective, etc., then no, the F-1 student athlete may not work at the summer camp.

Can an F-1 l student-athlete engage in an NIL activity for compensation during breaks from university (i.e., winter break, spring break, summer break) while abroad or in their home country, including social media endorsements for U.S. companies, products, or services?
Yes, when an international student-athlete is in his/her home country, he/she may receive compensation for services from a U.S. company. U.S. employment and tax laws are based on the physical location of the individual. However, the NIL activity must be completed while the student is abroad and in accordance with all local laws. Accordingly, foreign student athletes should seek guidance from their personal attorneys regarding any such activities. International student-athletes should confirm with OIS that they are outside of the United States to properly document their physical location while conducting NIL activities.

Can an F-1 student athlete accept income from jersey sales or other such licensing agreement (e.g., an agreement with Brandr)?
Maybe, provided the F-1 student athlete does nothing other than agree to let Brandr use his/her existing NIL on clothing, pictures, etc. (no appearances, no photo shoots, etc.), and until USCIS issues specific guidance to the contrary, simply signing a licensing agreement may likely be considered passive income and permissible. Please consult your personal immigration attorney.

Until/unless we have clarification from DHS, schools and international student athletes should approach NIL questions with caution. International students should seek advice from an experienced immigration lawyer before entering into an NIL agreement or engaging in compensated NIL activity.

OIS currently advises all F-1 visa holding international student athletes to not be compensated (financially, with merchandise, or otherwise) for use of your name, image, and/or likeness (either while in or outside of the United States) without first obtaining specific guidance from an immigration attorney.

Compliance Questions
Tyler Wright | Assistant Athletic Director for Compliance | twright@athletics.pitt.edu
Ryan Mitchell | Associate Athletic Director for Compliance | rmitchell@athletics.pitt.edu

Life Skills Questions
Kristen Marsters | Director of Strategic Initiatives for Life Skills | kmarsters@athletics.pitt.edu

Strategic Communications Questions
Matt Plizga | Assistant Athletic Director, Athletic Communications | mplizga@athletics.pitt.edu
Joe Lassi | Director of Social Media & Fan Engagement | jlassi@athletics.pitt.edu

Pitt Marks, Licensing and Merchandise Questions
Lori Burens | Assistant Athletic Director, Licensing and Brand Management | lburens@athletics.pitt.edu