Frequently Asked Questions
What is Name, Image and Likeness (NIL)?
Name, image, and likeness (NIL) refers to terminology frequently used to describe a legal concept known as “right of publicity.” Right of publicity involves situations where permission is required of a person to use their name, image (e.g., a picture or video) or likeness (e.g., a cartoon, avatar or sculpture); the requirement of permission also means that the person whose name, image, or likeness (NIL) is being used may be paid for it.
Why is NIL important?
The introduction of name, image and likeness (NIL) compensation to student-athletes is one of the most significant changes in college athletics history. And NIL continues to have a direct and meaningful impact on the competitive landscape in college athletics.
In its brief history, NIL has become one of the primary influences on the student-athlete experience at EVERY school across the country. NIL now plays a significant role in the decisions of student-athletes as well as their overall athletic experience. Niagara University is no different.
Are student-athletes able to be compensated?
Yes, in 2021 the NCAA adopted an interim name, image and likeness (NIL) policy that allows student-athletes to be compensated for their NIL. Since the original guidance, additional interim guidance has been provided by the NCAA. The landscape continues to evolve at a rapid pace - it is the intent of FLY PURPLE EAGLES to continue to stay ahead of the curve, doing things in a way all Purple Eagle fans can be proud of.
Further and amidst the backdrop of the Supreme Court’s ruling in National Collegiate Athletic Association (NCAA) v. Alston, the NCAA and states began enacting rules and laws allowing student-athletes to receive compensation for their name, image, and likeness without many legal and legislative restrictions.
Does Niagara University have an NIL policy?
Yes. Niagara University has a detailed published policy providing guidance for student-athlete, fans, and corporate partners.
Does New York have a state law regarding NIL?
Yes. Bill Number S5891F dated March 22, 2021 was signed into law by the Governor following passing by the Assembly and the Senate.
Details can be found here: https://www.nysenate.gov/legislation/bills/2021/S5891
What are the NCAA rules regarding NIL?
In general, NIL activities are permitted as long they follow these four guidelines: (1) There must be “quid pro quo” associated with any NIL deal (a student-athlete must perform an an activity in order to receive compensation); (2) the activity performed by the student-athlete cannot be tied to athletic performance (example: score 20 points or win a game, or receive a “player of the week” award) or enrollment at a specific school; (3) the activity cannot be tied to or involve any sort of recruiting inducement (example: an agreement for a student-athlete commit to the one of our athletic programs); and (4) institutions cannot provide compensation to student-athletes.
NCAA rules also require student-athletes to abide by any state laws or institutional policies.
All compensation provided by FLY PURPLE EAGLES will ensure there is adequate quid pro quo attached to the NIL deal and require a student-athlete to do an activity in order to receive compensation.
What are some examples of NIL activities?
Some examples of NIL activity include: (i) Social media influencing and other online promotional activity, (ii) Personal appearances at businesses, conferences, camps, youth parties, schools, social events, etc., (iii) Appearing in TV, radio, print advertisements, (iv) Endorsements of a third-party, (v) Student-athlete-run camps and private lessons, (vi) Paid autograph sessions, (vii) Sale of student-athlete owned apparel and personal items, and (viiii) Student-athlete run businesses.
NIL involves the use of a student-athlete’s name, image, or likeness (“NIL”) for promotional purposes by a third-party not associated with the NCAA or an NCAA institution.
Can I engage with a student-athlete directly to promote my business?
Yes. In fact, much of the early work by the team at FLY PURPLE EAGLES was in support of just this type of activity. We not only have the experience to support businesses of all sizes, we have a proven framework to facilitate these opportunities for the mutual benefit of student-athletes and businesses. We can even assist in ensuring compliance with the ever-changing NIL landscape.
OVERVIEW OF NIL
OUR ROLE at
FLY PURPLE EAGLES
Is FLY PURPLE EAGLES affiliated with Niagara University or the Department of Athletics?
While FLY PURPLE EAGLES exists solely for the purpose of supporting student-athletes who wear Niagara University jerseys, FLY PURPLE EAGLES is an independent entity and is NOT affiliated with Niagara University. Where possible, we work closely with and are aligned with Niagara University on educational programming on name, image and likeness and associated regulations, including compliance and disclosure elements. As a community, we aim to comply with all NCAA, conference, state, and federal regulations related to NIL or any other area.
Why is FLY PURPLE EAGLES needed? I am already donating to Niagara University, can I just increase my donations there?
Per NCAA rules the member institutions are prohibited from providing compensation in exchange for the use of a student-athlete’s name, image or likeness (NIL). Only independent individuals, entities, organizations, businesses or nonprofits can pay student-athletes for NIL.
FLY PURPLE EAGLES has been formed to allow fans to pool investments together and assemble their money in a common portfolio that is managed to the benefit of the program.
How is Fly Purple Eagles funded?
FLY PURPLE EAGLES is made possible by our supporters and Purple Eagle fans from across the country! Each dollar invested in FLY PURPLE EAGLES is directly invested in student-athletes who are making a meaningful impact on athletic programs.
Is my financial contribution tax deductible?
FLY PURPLE EAGLES has been created as an Ohio non-profit corporation, but not a 501(c)(3). Therefore your contribution is not a charitable gift.
The legal entity structure was done based on the advice of legal and tax professionals. However, some individual and business contributions may be deductible as marketing expenses. Every individual’s circumstance is different, so we encourage you to consult with appropriate tax professionals to determine whether there may be tax benefits on your contribution.
How do my financial contributions go to the players?
Your contributions are invested in athletes who are making a meaningful impact on athletic programs and our community. FLY PURPLE EAGLES will sell membership access, hold the dollars in an account, and collaborate with local organizations and not-for-profits to leverage student-athletes for advertisements, promotions and appearances.
Student-athletes will be paid directly by FLY PURPLE EAGLES and our partners for their work.
What sports are included in Fly Purple Eagles's NIL activities?
FLY PURPLE EAGLES operates as a both a name, image, and likeness (NIL) “collective” and a marketing firm representing athletes, brands, and Purple Eagle fans in partnership opportunities.
Today, FLY PURPLE EAGLES is focused on a few sports, specifically:
Men’s Basketball
Women’s Basketball
Hockey
But, as the NIL landscape continues to evolve over time, we will evaluate opportunities to incorporate additional athletic programs.
That said, if you are interested in supporting student-athletes from other programs, please Contact Us.
Will FLY PURPLE EAGLES make money?
FLY PURPLE EAGLES was formed, in part, to help Purple Eagles student-athletes maximize the amount of compensation they will receive for their NIL. The operating agreement for FLY PURPLE EAGLES states that the corporation will operate as a "not for profit" company (but not a 501c3). The intention of FLY PURPLE EAGLES is to maximize the amount student-athletes make for each deal. Fees will be charged as necessary to provide services such as legal, tax, marketing and administrative support.
FLY PURPLE EAGLES:
THE WAY IT WORKS
What percentage of the dollars go to student-athletes?
Our target is for at least 90% of available funds to go directly to student-athletes, but this depends on a variety of factors. FLY PURPLE EAGLES has a variety of operating expenses which include costs related to IT, professional services, marketing materials, content creation, fan engagement, experiences, and more.
From time to time, FLY PURPLE EAGLES incurs additional costs associated with specific one-time fees. The goal has been, and will always be, to get the most lucrative NIL deals to our student-athletes.
Does every student-athlete receive the same compensation?
No. Although every student-athlete who is eligible to be compensated by FLY PURPLE EAGLES is compensated, the amounts vary. Each contract is based on the specific athlete and the requirements of the athlete under the contract. For example, an athlete who participates in a fan engagement experience may earn more compensation than an athlete who posts on social media. The academic schedules and athletic schedules for each student-athlete varies, so availability may also vary from one month to the next.
How does Fly Purple Eagles distribute dollars to the Niagara student-athletes?
Contributions made to FLY PURPLE EAGLES have a direct and meaningful impact on student-athletes who wear the colors of our beloved University.
FLY PURPLE EAGLES was formed to allow “the masses” to contribute to a single efficient and compliant organization who contracts and compensates student-athletes directly.
All investments in FLY PURPLE EAGLES are put into a collective pool of funding that is managed to the benefit of the competitive needs of the teams and student-athletes we serve.
FLY PURPLE EAGLES contracts directly with student-athletes and compensates them for actual work performed for the benefit of the organization and our community.
Does Fly Purple Eagles recruit prospective student-athletes (PSA’s)?
No. NCAA rules related to the involvement of boosters in recruiting activities remain relevant. Specifically, NCAA rules preclude boosters from engaging in recruiting activities, including recruiting conversations, on behalf of a school.
We do not communicate (e.g., call, text, direct message) with a prospective student-athlete (PSA), a prospects family, or others affiliated with the prospect for a recruiting purpose or induce the PSA to attend or enroll. Per NCAA rules, our NIL agreements cannot be guaranteed or promised contingent on initial or continuing enrollment at Niagara University . However, when done correctly, the track record of success by all Niagara University student-athletes enhances our programs’ recruiting posture, further supporting successful outcomes. PSAs closely watch the way fan bases are interacting with their players and the way communities rally behind student-athletes.