Code of the District of Columbia

§ 38–1631.01. Definitions.

For the purposes of this chapter, the term:

(1) "Athletic association" means a nonprofit, intercollegiate sport governance association that regulates the eligibility of players and institutions.

(2) "College athlete" means an individual who attends or is eligible to attend an institution and engages in or is eligible to engage in an intercollegiate sport. The term does not include an individual:

(A) Participating in a sport in kindergarten through grade 12 or at a youth, preparatory school, recreation, or similar level; or

(B) Permanently ineligible to participate in a particular intercollegiate sport for that sport.

(3) "Conference" means a person, other than an athletic association, with the primary purpose of governing the athletic programs of more than one institution.

(4) "Department" means the Department of Licensing and Consumer Protection.

(5) "Group license" means a name, image, or likeness agreement that covers the name, image, or likeness of more than one college athlete.

(6) "Institution" means a public or private institution of higher education in the District, including a community college, junior college, college, or university.

(7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a college athlete are established by an athletic association. The term does not include a recreational, intramural, or club sport.

(8) "Name, image, or likeness" includes a symbol, word, name, or design that readily identifies a college athlete.

(9) "Name, image, or likeness activity" means licensing, transferring, or other commercial use of a name, image, or likeness.

(10) "Name, image, or likeness agent" means an individual who:

(A) Directly or indirectly recruits or solicits a college athlete or, if the athlete is a minor, the athlete's parent or guardian to enter into an agency contract or name, image, or likeness agreement;

(B) Enters into an agency contract with an athlete or, if the athlete is a minor, the athlete's parent or guardian; or

(C) Directly or indirectly offers, promises, attempts, or negotiates to obtain name, image, or likeness compensation or a name, image, or likeness agreement.

(11) "Name, image, or likeness agreement" means an express or implied agreement, oral or in a record, under which a third party provides name, image, or likeness compensation.

(12) "Name, image, or likeness compensation" means money or other thing of value provided by a third party in exchange for use of a college athlete's name, image, or likeness.

(13) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(14) "Record" means information:

(A) Inscribed on a tangible medium; or

(B) Stored in an electronic or other medium and retrievable in perceivable form.

(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.

(16) "Student" means an individual enrolled at an institution under the rules of the institution.

(17) "Third party" means a person, other than an institution, that offers, solicits, or enters into a name, image, or likeness agreement or offers or provides name, image, or likeness compensation.