Relationship to existing law

(a) Relationship to State laws (1) Preemption No State or political subdivision of a State may establish or continue in effect any law or regulation that governs or regulates, or invalidates policies or rules of, an institution, athletic department, conference, or athletic association that— (A) relates to— (i) the rights of a student athlete to receive compensation for the use of their name, image, or likeness; (ii) the rights of a student athlete to receive additional reasonable benefits from third parties; (iii) transfers of student athletes between institutions; or (iv) caps on fees charged by athlete agents; or (B) is in conflict with this Act or the amendments made by this Act. (2) Preservation of State laws regarding restricted industries Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any provision of State law concerning restrictions on student athletes entering into endorsement contracts for alcohol, tobacco, vaping, marijuana, gambling, or similar products. (3) Preservation of State Uniform Athlete Agent Acts Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any Uniform Athlete Agent Act of a State. (4) Preservation of common law or statutory causes of action for civil relief Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any Federal or State common law rights or remedies, or any statute creating a remedy for civil relief. (5) Preservation of certain State laws Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any generally applicable State law or regulation relating to consumer protection, antitrust, trademarks, or copyright. (b) Relationship to Federal trademark and copyright law Nothing in this Act or the amendments made by this Act may be construed to override, modify, or amend the applicability of Federal trademark or copyright law. (c) Rule of construction An institution that is exempt from taxation under section 115 of the Internal Revenue Code of 1986 shall not be considered a political subdivision of a State for purposes of this section.