Athlete rights to market name, image, and likeness

(a) Right To market use of name, image, and likeness (1) In general An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation that prevents college athletes or prospective college athletes, individually or as a group, from marketing the use of their names, images, or likenesses. (2) Collusion An institution of higher education may not coordinate with any other institution of higher education or third party to impose a limitation on the amount of payment offered to a college athlete, prospective college athlete, or group of college athletes or prospective college athletes under a contract for the use of the name, image, or likeness of the college athlete, prospective college athlete, or group of college athletes or prospective college athletes, unless such a limitation is the result of negotiations with a collective representative. (3) Right to collective representation An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation preventing, or engage in conduct that prevents, college athletes from forming or recognizing, or interferes with the formation or recognition of, a collective representative— (A) to facilitate contracts for the use of the name, image, or likeness of college athletes, or group licensing agreements; or (B) to provide representation for college athletes. (4) Group licensing (A) In general An institution of higher education or intercollegiate athletic association may not use the name, image, or likeness of any group of college athletes for any type of promotion, including a media rights agreement, unless the institution of higher education or intercollegiate athletic association obtains a license from the group for that purpose. (B) Notification An institution of higher education or intercollegiate athletic association seeking a license described in subparagraph (A) shall notify the group of college athletes concerned with respect to— (i) the manner in which the name, image, or likeness of the group will be used under the license; and (ii) the amount of revenue the institution of higher education or intercollegiate athletic association will receive in connection with any type of promotion, including a media rights agreement and any other revenue source, based on the use of the name, image, or likeness of the group. (5) Grants-in-aid Receipt of compensation for the use of the name, image, or likeness of a college athlete or prospective college athlete shall not adversely affect— (A) the eligibility or opportunity of a college athlete or prospective college athlete to apply for a grant-in-aid; or (B) the amount, duration, or renewal of the grant-in-aid of a college athlete or prospective college athlete. (b) Equitable institutional support (1) In general An institution of higher education, an intercollegiate athletic association, or a party affiliated with an institution of higher education or an intercollegiate athletic association that provides direct or indirect support to college athletes with respect to the marketing of their names, images, or likenesses shall make such support available and accessible to all college athletes in the applicable athletic program, regardless of gender, race, or participating sport. (2) Institutional name, image, and likeness collectives Each institutional name, image, and likeness collective— (A) shall— (i) for purposes of paragraph (1), be considered to be affiliated with each institution of higher education the athletic interests of which the collective supports; (ii) register with the Federal Trade Commission as an institutional name, image, and likeness collective, including by identifying the institutions of higher education with which the collective affiliates; (iii) maintain, with respect to college athletes enrolled at each affiliated institution of higher education— (I) the number of name, image, or likeness agreements facilitated by the collective, disaggregated by gender, race, and participating sport; (II) the total monetary value of name, image, or likeness agreements facilitated by the collective, disaggregated by gender, race, and participating sport; and (III) the number of college athletes and prospective college athletes assisted by the collective, disaggregated by gender, race, and participating sport; and (iv) not later than September 1 each year, submit to the Federal Trade Commission a report containing, for the period beginning on July 1 of the preceding year and ending on June 30 of the year in which the report is submitted, the information described in subclauses (I) through (III) of clause (iii); and (B) shall not discriminate, on the basis of gender, race, or participating sport, in the facilitation of name, image, or likeness agreements for college athletes in the athletic program of, or prospective college athletes for, any particular institution of higher education. (3) Determinations under title IX For purposes of determinations about discrimination on the basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the support of an institution of higher education or intercollegiate athletic association related to the names, images, or likenesses of college athletes shall be considered, including how an institution of higher education or intercollegiate athletic association promotes sports predominantly comprised of women relative to men. (c) Right to representation (1) Ability for college athletes to retain representation An institution of higher education or intercollegiate athletic association may not prevent a college athlete or prospective college athlete from fully participating in intercollegiate athletics based on the college athlete or prospective college athlete having obtained professional representation with respect to a contract or legal matter, including— (A) representation provided by an athlete agent, financial advisor, or collective representative; and (B) legal representation provided by an attorney. (2) Prohibitions on the regulation of representation An institution of higher education or intercollegiate athletic association may not regulate the legal, financial, or agency representation of college athletes and prospective college athletes with respect to the marketing of their names, images, or likenesses, including the certification of such legal, financial, or agency representation. (d) Prohibition on waiver (1) In general Except as provided in paragraph (2), a college athlete, prospective college athlete, institution of higher education, intercollegiate athletic association, or any other person may not enter into any agreement or a legal settlement that waives or permits noncompliance with this Act. (2) Exception An institution of higher education or intercollegiate athletic association may restrict the commercial use of the name, image, or likeness of college athletes if such a restriction is part of a collective bargaining agreement between the institution of higher education or intercollegiate athletic association and college athletes.