Kentucky Statutes 164.6945 – Compensation of student-athlete for use of name, image, or likeness — Agreements
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(1) A student-athlete may receive compensation for the use of the athlete’s name, image, or likeness through a name, image, and likeness agreement with a third party. Such compensation shall be consistent with prevailing market rate of the authorized use of the athlete’s name, image, or likeness.
(2) (a) A person or entity shall not give or promise compensation for the use of the name, image, or likeness of a current or prospective student-athlete to recruit or induce the athlete to enroll at any Kentucky institution.
(b) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at a Kentucky institution or of a prospective student-athlete who has entered into an enrollment contract with a Kentucky institution with the purpose of recruiting or inducing the student-athlete to enroll at another postsecondary educational institution, regardless of the institution’s location.
(3) An institution, association, or affiliated organization shall not:
(a) Give or promise compensation for the use of an athlete’s name, image, or likeness;
(b) Direct compensation to be given for the use of the athlete’s name, image or likeness; or
(c) Negotiate any part of an NIL agreement on behalf of a prospective student-athlete.
(4) A student-athlete shall not enter into an NIL agreement to receive compensation from a third party relating to the endorsement or promotion of:
(a) Sports betting;
(b) A controlled substance;
(c) A substance the student-athlete’s intercollegiate athletic association forbids the athlete from using;
(d) Adult entertainment; or
(e) Products or services that would be illegal for the student-athlete to possess or receive.
Effective:March 9, 2022
History: Created 2022 Ky. Acts ch. 12, sec. 3, effective March 9, 2022.
(2) (a) A person or entity shall not give or promise compensation for the use of the name, image, or likeness of a current or prospective student-athlete to recruit or induce the athlete to enroll at any Kentucky institution.
Terms Used In Kentucky Statutes 164.6945
- Contract: A legal written agreement that becomes binding when signed.
- Institution: means a university, college, community college, health technology center, vocational-technical school, technical institute, technical college, technology center, or the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
(b) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at a Kentucky institution or of a prospective student-athlete who has entered into an enrollment contract with a Kentucky institution with the purpose of recruiting or inducing the student-athlete to enroll at another postsecondary educational institution, regardless of the institution’s location.
(3) An institution, association, or affiliated organization shall not:
(a) Give or promise compensation for the use of an athlete’s name, image, or likeness;
(b) Direct compensation to be given for the use of the athlete’s name, image or likeness; or
(c) Negotiate any part of an NIL agreement on behalf of a prospective student-athlete.
(4) A student-athlete shall not enter into an NIL agreement to receive compensation from a third party relating to the endorsement or promotion of:
(a) Sports betting;
(b) A controlled substance;
(c) A substance the student-athlete’s intercollegiate athletic association forbids the athlete from using;
(d) Adult entertainment; or
(e) Products or services that would be illegal for the student-athlete to possess or receive.
Effective:March 9, 2022
History: Created 2022 Ky. Acts ch. 12, sec. 3, effective March 9, 2022.