§70-820.23. Payments – Postsecondary institution or third-party

399 words·~2 min read·/ok/title-70-schools/70-820-23

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

authorizations – Collegiate athletic association restrictions.

A. A student athlete may earn payments for the use of the name, image, or likeness of the student athlete or as otherwise permitted by a collegiate athletic association with authority over his or her postsecondary institution without penalty or resulting limitation on participation. Such payments shall not affect the student athlete’s eligibility for athletic grant-in-aid.

B. A postsecondary institution or a third party authorized to act on behalf of the postsecondary institution may:

1. Provide professional representation and pay or cause payment to be directed to a current or prospective student athlete as permitted by the Student Athlete Name, Image and Likeness Rights Act; provided, however, no postsecondary institution shall use funds allocated by this state for such payment; and

2. Enter into exclusive or non-exclusive licenses or endorsement agreements for a student athlete’s name, image, or likeness, institutional promotion, or other rights.

C. A collegiate athletic association shall not prohibit a postsecondary institution or a third party authorized to act on behalf of a postsecondary institution from identifying, facilitating, enabling, or supporting opportunities for a student athlete to earn payment for the student athlete’s name, image, or likeness activities.

D. The provisions of this section shall not be construed to qualify a student athlete as an employee of a postsecondary institution or a collegiate athletic association based on the student athlete’s receipt of any payment or benefit permitted by this Act or one or more of the following:

1. Participation in intercollegiate athletic competition;

2. Membership on any intercollegiate athletic team; or

3. Imposition of requirements, controls, or restrictions on student athletes by postsecondary institutions, in connection with their participation in intercollegiate athletic activities, practices, and competition.

E. No release of or license to use a student athlete’s name, image, or likeness rights, or a name, image, or likeness agreement, shall be required from or with any individual or group of participants in an intercollegiate athletic competition, contest, or event, or spectators at a sports game, contest, or event, for audio-

visual, audio, or visual broadcasts, rebroadcasts, or other distributions of such event. Added by Laws 2021, c. 559, § 22, emerg. eff. May 28, 2021. Amended by Laws 2023, c. 315, § 2, emerg. eff. May 26, 2023; Laws 2024, c. 85, § 1, emerg. eff. April 22, 2024; Laws 2025, c. 36, § 1, emerg. eff. May 3, 2025.