Name, image, and likeness protections
Title I — Protections of student athletes and fair competition
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1 number changed from Committee version to Passed the Senate: 30 days → 5 days.
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(a) Student athlete name, image, and likeness compensation (1) In general Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not— (A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete— (i) to market or earn compensation for the value of their name, image, or likeness rights; or (ii) to enter into a name, image, and likeness agreement; (B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness; (C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or (D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness. (2) Consent and compensation for group use An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose. (3) Exceptions (A) Certain agreements An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution. (B) Certain uses An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution. (b) Mandatory disclosures by student athletes (1) In general All student athletes shall report to their institution— (A) not later than 30 days after entering into a name, image, and likeness agreement, the terms of any such agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period. (2) Mandatory disclosures by recruited athletes With respect to a student athlete or prospective student athlete who is recruited to attend, but is not yet enrolled in, an institution, the student athlete or prospective student athlete shall report to the institution— (A) the terms of any current or ongoing name, image, and likeness agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), the amount and source of any current or ongoing name, image, and likeness compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same person that exceeds a total of $600 over a 12-month period. (3) Exception (A) In general Paragraphs (1) and (2) shall not apply to either marketing or earning compensation for the value of the name, image, and likeness rights of a student athlete or to the compensation within a name, image, and likeness agreement in which a student athlete receives less than $600, including multiple payments, remunerations, or benefits from the same person that totals less than $600 over a 12-month period. (B) Adjustment for inflation An intercollegiate athletic association shall adjust the amount described in clause (i) for inflation by the percent increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which applicable data is available. (4) Release of information Except as provided in section 104, an institution may not release any information provided by a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor. (5) Limitation This subsection shall apply only to Division I institutions as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, and student athletes or prospective student athletes of such institutions. (c) Name, image, or likeness compensation by institutions Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete. (d) Right to representation An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative. (e) Educational resources regarding this title An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title.
(a) Student athlete name, image, and likeness compensation (1) In general Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not— (A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete— (i) to market or earn compensation for the value of their name, image, or likeness rights; or (ii) to enter into a name, image, and likeness agreement; (B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness; (C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or (D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness. (2) Consent and compensation for group use An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose. (3) Exceptions (A) Certain agreements An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution. (B) Certain uses An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution. (b) Mandatory disclosures by student athletes (1) In general All student athletes shall report to their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in In Re College Athlete NIL Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025)— (A) not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such agreement, including the amount and source, that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period. (2) Mandatory disclosures by recruited athletes With respect to a student athlete or prospective student athlete who is recruited to attend, but is not yet enrolled in, an institution, the student athlete or prospective student athlete shall report to the institution at which the student athlete enrolls and their intercollegiate athletic association, or to an entity designated by that intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in In Re College Athlete NIL Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025)— (A) the terms of any current or ongoing name, image, and likeness agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), the amount and source of any current or ongoing name, image, and likeness compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same person that exceeds a total of $600 over a 12-month period. (3) Exception (A) In general Paragraphs (1) and (2) shall not apply to either marketing or earning compensation for the value of the name, image, and likeness rights of a student athlete or to the compensation within a name, image, and likeness agreement in which a student athlete receives less than $600, including multiple payments, remunerations, or benefits from the same person that totals less than $600 over a 12-month period. (B) Adjustment for inflation The amount described in subparagraph (A) shall be adjusted for inflation by the percent increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which applicable data is available. (4) Release of information Except as provided in section 104 or as necessary to comply with this Act, an institution may not release any information that would identify a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor. (5) Limitation This subsection shall apply only to student athletes and prospective student athletes of institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw. (c) Name, image, or likeness compensation by institutions Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete. (d) Right to representation An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative. (e) Educational resources regarding this title An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title.
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