§ 38–1631.04. Limit on name, image, or likeness activity and compensation.

(a) Unless the use is permitted under intellectual property law, a college athlete may not include in name, image, or likeness activity an institution, conference, or athletic association name, trademark, service mark, logo, uniform design, or other identifier of athletic performance depicted or included in a media broadcast or related game footage.

(b) Name, image, or likeness compensation or an offer, promise, or solicitation of compensation, except to the extent permitted by the rules and regulations of the relevant athletic association:

(1) May not attempt to influence the decision of a college athlete to attend, continue attending, or transfer to an institution or an institution in a conference;

(2) Must represent only compensation for use of the athlete's name, image, or likeness; and

(3) May not include compensation for performance, participation, or service in an intercollegiate sport.

(c) A college athlete may not express or imply that an institution, conference, or athletic association endorses or is otherwise affiliated with the athlete's name, image, or likeness activity without the consent of the institution, conference, or athletic association.

(d) An institution may adopt a policy to prevent a college athlete from engaging in name, image, or likeness activity if the institution complies with the same policy with respect to the institution's sponsorships and similar commercial activity, and that the institution determines has an adverse impact on its reputation. An institution that adopts a policy under this subsection shall disclose the policy and the institution's rationale in a record maintained on the institution's website that is accessible by the public and electronically searchable.

(e) An institution may adopt and enforce rules of conduct relating to name, image, or likeness activity that apply when the college athlete is engaged in an official team activity. An official team activity includes a competition, practice, supervised workout, and community service activity done at the direction of, or supervised by, a member of the institution's coaching or sport staff.

(f) An institution, conference, or athletic association may require a college athlete to waive, or otherwise transfer to the institution, conference, or athletic association, a name, image, or likeness right associated with promotion, display, broadcast, or rebroadcast of an intercollegiate sport.

(g) A college athlete shall not enter into a name, image, or likeness agreement or receive name, image, or likeness compensation if the agreement or compensation is contingent upon:

(1) Illegal activity; or

(2) An endorsement or promotion of the following:

(A) Alcohol;

(B) Tobacco, or an electronic smoking device as that term is defined in § 7-741.01(1);

(D) Anabolic steroids;

(E) Other performance enhancing substances, the use of which is prohibited by the athletic association under which the college athlete participates in intercollegiate sports;

(F) Sports betting;

(G) Gambling;

(H) Firearms; or

(I) Adult entertainment.

(h) This section shall not be construed to prohibit a college athlete from engaging in online marketplace activities that promote, for compensation, the college athlete's name, image, or likeness in a manner consistent with this section.