Sec. 2. Definitions
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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 collective representative — means an individual or organization that represents a group of college athletes or prospective college athletes to negotiate contracts for the use of the names, images, or likenesses of such athletes or group of athletes; and includes— legal representatives; athlete agents; and players' associations.
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, or likeness of the college athlete or prospective college athlete. 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 undergraduate or graduate course of study of the college athlete.
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 institutional name, image, and likeness collective means any entity that— is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ); or is an organization not organized to carry on business for its own profit or the profit of its members; and supports the athletic interests of an institution of higher education or a limited group of institutions of higher education by— accepting contributions for the purpose of entering into or funding name, image, or likeness agreements with college athletes or prospective college athletes; or arranging for college athletes to be paid by third parties for the commercial use of their names, images, or likenesses.
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 international college athlete means an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) lawfully present in the United States in the status of a nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) who participates in or is eligible to participate in an intercollegiate sport for an institution of higher education.
The term likeness , with respect to a college athlete or prospective college athlete, means the uniquely identifiable voice, catch phrase, or any other mark 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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