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Code · BILL · 117th Congress · S. 238 (Introduced in Senate) — To establish name, image, likeness, and athletic reputation rights for college athletes, and for other purposes. · Sec. 2

Sec. 2. Definitions

432 words·~2 min read·/bill/117/s/238/is/section-2

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In this Act: The term athlete agent has the meaning given the term in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 ). The term athletic reputation means, with respect to a college athlete or prospective college athlete, the recognition or fame of the athlete relating to the participation or performance of the college athlete or prospective college athlete in a sport. The term college athlete means an individual who participates in or is eligible to participate in an intercollegiate sport for an institution of higher education.
The term compensation — means any payment, remuneration, or benefit provided to a college athlete or prospective college athlete in exchange for the use of the name, image, likeness, or athletic reputation of the college athlete or prospective college athlete; and does not include— a grant-in-aid; or a stipend scholarship from the institution of higher education in which a college athlete is enrolled. The term grant-in-aid means a scholarship, grant, or other form of financial assistance that is provided by an institution of higher education to a college athlete for the college athlete’s undergraduate or graduate course of study.
The term image , with respect to a college athlete or prospective college athlete, means any photograph, video, or computer-generated representation that reasonably identifies the college athlete or prospective college athlete. The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). The term intercollegiate athletic association means any association, conference, or other group or organization that— exercises authority over intercollegiate athletics and the recruitment of college athletes or prospective college athletes; and is engaged in interstate commerce or in any industry or activity affecting interstate commerce.
The term likeness , with respect to a college athlete or prospective college athlete, means the uniquely identifiable voice, catch phrase, or any other mark that when used in a context that reasonably identifies the college athlete or prospective college athlete. The term name , with respect to a college athlete or prospective college athlete, means the first or last name, or a nickname, of the college athlete or prospective college athlete when used in a context that reasonably identifies the college athlete or prospective college athlete.
The term prospective college athlete means an individual who— has not enrolled at an institution of higher education; and may be recruited by an institution of higher education. The term third party means an individual or entity other than an institution of higher education or an intercollegiate athletic association.
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