Sec. 3. College athlete’s name, image, and likeness rights
1,095 words·~5 min read·
/bill/119/hr/6350/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An intercollegiate athletic association (in this Act referred to as an IAA ), conference, or institution may not— restrict a college athlete from receiving compensation for the use of the name, image, or likeness of such college athlete; or take adverse action against a college athlete because the college athlete receives compensation for the use of the name, image, or likeness of such college athlete. An IAA, conference, or institution may not— restrict a college athlete from obtaining professional representation; or take adverse action against a college athlete because the college athlete obtained professional representation.
An IAA, conference, or institution may not require a college athlete to disclose the terms of a name, image, and likeness (in this Act referred to as NIL ) agreement. If a college athlete voluntarily discloses the terms of an NIL agreement to an IAA, conference, or institution, that IAA, conference, or institution may not disclose the terms of the agreement to a third-party without the express written consent of the college athlete. A name, image, and likeness agreement under which a college athlete is provided compensation in an amount greater than $600 shall be voidable by the athlete if such agreement does not satisfy the following:
The agreement is in writing. The agreement contains the following: A description of any services to be rendered under the agreement. The names of the parties to the agreement. The term of the agreement. The amount of compensation to be provided to the college athlete under the agreement. A provision specifying the circumstances or events under which the agreement may be terminated due to nonperformance of obligations by the college athlete. A provision specifying that the college athlete may terminate the agreement, notwithstanding any other term described in the agreement, beginning immediately after the date on which the college athlete is no longer enrolled at any institution.
The signature of the college athlete or, if the college athlete is under the age of 18 years, the signature of the parent or guardian of the college athlete. Section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) is amended— by striking
(i)an alien having and inserting (i)(I) an alien having ; by redesignating clauses
(ii)and
(iii)as subclauses
(II)and (III), respectively; by striking the semicolon and inserting ; or ; and by adding at the end the following: an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide current college athlete (as defined in section 2 of the College Athletics Reform Act ) qualified to pursue a full course of study at an institution (as defined in section 2 of the College Athletics Reform Act) , and who seeks to enter the United States temporarily and for the purpose of pursuing a course of study at such an institution, that is approved by the Secretary of Homeland Security, while also participating in intercollegiate athletics, which institution shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; . Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ) is amended by adding at the end the following: Notwithstanding clause (i), an alien who seeks admission to the United States to compete in intercollegiate athletics as an international college athlete nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) shall not be inadmissible for having participated or engaged in activities described in section 3 of the College Athletics Reform Act (relating to the marketing of the name, image, or likeness, of the alien), individually or as a member of a group of athletes, and such activities shall not constitute a violation of or failure to maintain such nonimmigrant status. . A violation of this section (other than the amendments made by subsection (e)) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2); 46) or any jurisdictional limitation of the Federal Trade Commission, the Federal Trade Commission shall also enforce this section in the same manner provided in subparagraphs
(A)and
(B)with respect to organizations not organized to carry on business for their own profit or that of their members. In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the college athletes enrolled at an institution of the State in an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this section; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate. Any college athlete or group of college athletes injured by a violation of this section may bring a civil action against an IAA, conference, or institution for such violation in the appropriate United States district court to receive appropriate relief, including preliminary and other equitable or declaratory relief and actual damages. In an action brought under this paragraph, a court may award court costs and attorney’s fees to the prevailing plaintiff. The provisions of this section shall preempt any provision of a State law, rule, regulation, requirement, standard, or other provision having the force and effect of law that conflicts with a provision of this section. Nothing in this section shall be construed to prohibit a State from enacting a law, rule, or regulation that provides more expansive rights to college athletes than the rights provided by the provisions of this section.
Connectionstraces to 5
Citation graph
cites case law
Sec. 3
College athlete’s name, image, and likeness rights
Cites 5Cited by 0 across 0 sources