Relationship to existing law

(a) In general No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that— (1) conflicts with any provision of this title that would prevent compliance with this title; or (2) governs, regulates, or invalidates policies or rules of an institution, a conference, or an intercollegiate athletic association that regulates— (A) the compensation to a student athlete or prospective student athlete for the use of their name, image, or likeness, except as necessary to comply with this title; (B) transfers of student athletes between institutions; or (C) the eligibility of a student athlete to participate in intercollegiate athletics. (b) Preservation of State laws The following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted except to the extent that such law rule, regulation, requirement, or common law right or remedy conflicts with subsection (a): (1) Uniform Athlete Agent Acts. (2) Civil rights laws. (3) Tort law. (4) Criminal law. (5) Any law, whether statutory or common law, that gives rise to a cause of action for personal injury, wrongful death, property damage, sexual assault, injury, or harassment, or other financial, physical, reputational, or psychological injury based in negligence, strict liability, products liability, or failure to warn. (6) Laws that relate to student or campus safety. (7) Fraud. (8) Privacy or data breach. (9) Contract law. (10) Trademark law. (11) Copyright law. (12) Consumer protection law. (c) Rules of construction (1) Antitrust laws To the extent liability for violations of the antitrust laws is not limited by this title, subsection (a) shall not be construed to preempt, displace, or supplant the antitrust laws. (2) Federal trademark and copyright law Nothing in this title or the amendments made by this title may be construed to override, modify, or amend the applicability of Federal trademark or copyright law.

(a) In general No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that— (1) conflicts with any provision of this title that would prevent compliance with this title; or (2) governs, regulates, or invalidates policies or rules of an institution, a conference, or an intercollegiate athletic association that regulates— (A) the compensation to a student athlete or prospective student athlete for the use of their name, image, or likeness, except as necessary to comply with this title; (B) transfers of student athletes between institutions; or (C) any provision described in subsection (a)(1)-(3) or (b) of section 113 relating to the eligibility of a student athlete to participate in intercollegiate athletics. (b) Preservation of state laws The following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted: (1) Except to the extent that such law, rule, regulation, requirement, or common law right or remedy conflicts with subsection (a), the following: (A) Uniform Athlete Agent Acts. (B) Civil rights laws. (C) Tort law, unless otherwise specified in paragraph (2). (D) Criminal law, unless otherwise specified in paragraph (2). (E) Laws that relate to privacy or data breach. (F) Contract law. (G) Trademark law. (H) Copyright law. (I) Consumer protection law, unless otherwise specified in paragraph (2). (2) Except to the extent that such law, rule, regulation, or requirement, or common law right or remedy conflicts with subsection (a)(2), any law, rule, regulation, or requirement, or common law right or remedy, whether statutory or common law, that gives rise to a cause of action for the following: (A) Personal injury, including psychological injury. (B) Wrongful death. (C) Property damage. (D) Sexual assault. (E) Harassment. (F) Fraud. (G) Injury resulting from abuse or hazing of a student athlete, including physical or sexual abuse. (H) Injury resulting from deficient student or campus safety measures. (I) Injury resulting from a failure to provide greater protections to student athletes than those provided by the health, wellness, and safety standards under subsections (a)(1)-(4) or (b)(1)-(2) of section 107. (J) Any related cause of action that is derivative of any of subparagraphs (A) through (I). (c) Rule of construction To the extent liability for violations of the antitrust laws is not limited by this title, subsection (a) shall not be construed to preempt, displace, or supplant the antitrust laws.