Sec. 3. Athlete rights to market name, image, likeness, and athletic reputation
487 words·~2 min read·
/bill/117/s/238/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation that prevents college athletes or prospective college athletes, individually or as a group, from marketing the use of their names, images, likenesses, and athletic reputations. An institution of higher education may not coordinate with any other institution of higher education or third party to limit the amount of payment offered to a college athlete, prospective college athlete, or group of college athletes or prospective college athletes under a contract for the use of the name, image, likeness, or athletic reputation of the college athlete, prospective college athlete, or group of college athletes or prospective college athletes.
An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation, or engage in conduct that prevents college athletes from forming or recognizing, or interferes with such formation or recognition of, a collective representative to facilitate group licensing agreements or provide representation for college athletes. A third party may not use the name, image, likeness, or athletic reputation of any member of a group of college athletes to market any product unless the third party obtains a license from the group for that purpose.
Receipt of compensation for the use of the name, image, likeness, or athletic reputation of a college athlete or prospective college athlete shall not adversely affect— the eligibility or opportunity of a college athlete or prospective college athlete to apply for a grant-in-aid; or the amount, duration, or renewal of the grant-in-aid of a college athlete or prospective college athlete. An institution of higher education, an intercollegiate athletic association, or a party affiliated with an institution of higher education or an intercollegiate athletic association that provides direct or indirect support to college athletes with respect to the marketing of their names, images, likenesses, and athletic reputations shall make such support accessible to all college athletes in the applicable athletic program, regardless of gender, race, or participating sport.
An institution of higher education or intercollegiate athletic association may not prevent a college athlete or prospective college athlete from fully participating in intercollegiate athletics based on the college athlete or prospective college athlete having obtained professional representation with respect to a contract or legal matter, including— representation provided by an athlete agent or financial advisor; and legal representation provided by an attorney. An institution of higher education or intercollegiate athletic association may not regulate the legal, financial, or agency representation of college athletes and prospective college athletes with respect to the marketing of their names, images, likenesses, or athletic reputations, including the certification of such legal, financial, or agency representation.
A college athlete, a prospective college athlete, an institution of higher education, an intercollegiate athletic association, or any other person may not enter into any agreement or a legal settlement that waives or permits noncompliance with this Act.