Sec. 3. Student athlete name, image, and likeness rights and protections
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/bill/117/s/4855/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in section 4, an athletic association, a conference, or an institution, or any representative of such an entity, shall permit a student athlete or a group of student athletes— to market, or to earn covered compensation for the value of, their name, image, or likeness; and to obtain or retain a certified agent for any matter or activity relating to such covered compensation. Subject to paragraph (2), a third party may not use the name, image, or likeness of any group described in subsection
(a)to sell or promote any product or service unless the third party obtains the written consent from each member of the group for that purpose. Paragraph
(1)shall not apply to a third party that enters into an agreement with an institution, a conference, or an athletic association to produce or distribute live, archival, or delayed audiocast or videocast of a varsity intercollegiate sports competition of the institution, including— a commercial that promotes such a competition; and audio or video distributions of such a competition. Nothing in this paragraph may be construed to require an institution, a conference, or an athletic associations to provide compensation or payment to any student athlete for appearing in an audiocast or videocast of a varsity intercollegiate sports competition of an institution. In the case of a student athlete who no longer participates in a varsity intercollegiate athletic program, the student athlete may rescind a name, image, and likeness agreement with a remaining term of more than 1 year— without being held liable for breach; and with no obligation to return payments received before giving notice of the rescission. The Commission shall make available on a publicly accessible internet website of the Commission educational resources for student athletes with respect to financial and contract literacy and earning covered compensation for the commercial use of the name, image, or likeness of the student athlete, which shall— generally describe the legal and business concepts to be considered in licensing publicity rights; and include information concerning the implications of contract provisions that may restrict a student athlete’s choice of institutions or bind the student athlete to long-term arrangements.