Uniform Model Legislation - Name, Image, Likeness


SECTION 1.  Declarations

(a) The Legislature seeks to help ensure college athletes have equal rights and economic freedoms afforded to all students and residents in the state of ______________. 

(b) The Legislature recognizes the disproportionate negative impact that economic and legal restrictions have on African American and female college athletes.

(c) College sports is a $14 billion dollar industry with millionaire coaches and lucrative apparel deals that require college athletes to advertise for commercial interests.

(d) Rules prohibiting college athlete compensation for use of name, image, and likeness rights, or athletics reputation do not bring forth competitive equity and cannot justify denying college athletes equal rights and economic freedom.

 

SECTION. 2.  Legislation

 (a) (1) A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution from fully participating in intercollegiate athletics without penalty and earning compensation as a result of the use of the student’s name, image, or likeness rights, or athletic reputation. Earning compensation from the use of a student’s name, image, or likeness rights, or athletic reputation shall not affect a student’s grant-in-aid or stipend eligibility, amount, duration, or renewal.

(2) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution from fully participating in intercollegiate athletics without penalty and earning compensation as a result of the student’s use of his or her name, image, or likeness rights, or athletic reputation.

(3) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from fully participating in intercollegiate athletics without penalty as a result of a student’s use of his or her name, image, or likeness rights, or athletic reputation.

(4) For purposes of this section, a grant-in aid and/or a stipend from a postsecondary educational institution in which a student is enrolled is not compensation for use of a student’s name, image, and likeness rights, or athletic reputation; and a grant-in-aid or stipend shall not be revoked or reduced as a result of a student earning compensation pursuant to this section. 

(b) (1) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not interfere with or prevent a ______________ student from fully participating in intercollegiate athletics for obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents, financial advisors, or legal representation provided by attorneys.

(2) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from fully participating in intercollegiate athletics without penalty as a result of a ______________ college athlete obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents, financial advisors, or legal representation provided by attorneys.

(3) Professional representation provided by athlete agents, financial advisors and/or attorneys shall be by persons licensed by the state.

(c) (1) A college athlete shall not enter into an apparel, equipment, or beverage contract providing compensation to the athlete for use of the athlete’s name, image, or likeness rights which requires a student to display a sponsor’s apparel, equipment, or beverage or otherwise advertises for the sponsor during official team activities if such provisions are in conflict with a provision of the athlete’s team contract.

(2) A college athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness rights, or athletics reputation shall disclose the full contract to an official of the institution, to be designated by the institution.  The institution and its designated official shall not disclose terms of a college athlete's contract that the college athlete and/or the college athlete's legal representation deems to be a trade secret and/or non-disclosable.

(3) An institution asserting a conflict described in paragraph (1) shall disclose to the athlete and the athlete’s legal representation, if applicable, the full contract they assert to be in conflict.  The college athlete and/or the college athlete's legal representative shall not disclose terms of an institution's contract that the institution deems to be a trade secret and/or non-disclosable.

(d) A team contract of a postsecondary educational institution’s athletic program shall not prevent a college athlete from receiving compensation for using the athlete’s name, image, or likeness rights for a commercial purpose when the athlete is not engaged official, mandatory team activities that are recorded in writing and made publicly available.  Such team activities may not exceed up to 20 hours per week during the season and up to 8 hours per week during the off-season.

(e) For purposes of this section, “postsecondary educational institution” means any campus of the University of ______________ or the ______________ State University, an independent institution of higher education, or a private postsecondary educational institution.

(f) (1) This legislation shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.

(2) The provisions of this chapter are severable.  If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(3)Students, institutions of higher education, conferences, and state or local prosecutors seeking to prosecute violators shall not be deprived of any protections provided under ______________ law with respect to a controversy that arises in ______________; shall have the right to adjudication in ______________ a claim that arises in ______________.

(4) Legal settlements cannot permit noncompliance with this act.

This legislation shall become operative on July 1, 2020.