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§ 3706. Contracts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 5 Pa.C.S.A. Athletics and SportsEffective: November 3, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 5 Pa.C.S.A. Athletics and Sports
Part II. Athletes (Refs & Annos)
Chapter 37. Intercollegiate Athletics (Refs & Annos)
Effective: November 3, 2022
5 Pa.C.S.A. § 3706
Formerly cited as PA ST 24 P.S. § 20-2006-K
§ 3706. Contracts
Currentness
(a) Opportunities.--An institution of higher education, athletic association, conference or other group or organization with authority over intercollegiate athletics may not be required to identify, create, facilitate, negotiate or enable opportunities for a college student athlete to earn compensation for the college student athlete's use of the college student athlete's name, image or likeness rights.
(b) Use of trademarks.--This chapter shall not establish or grant a right to a college student athlete to use the name, trademarks, services marks, logos, symbols or any other intellectual property, registered or unregistered, of an institution of higher education, athletic association, conference or other group or organization with authority over intercollegiate athletics, in furtherance of the college student athlete's opportunities to earn compensation for the college student athlete's use of the college student athlete's name, image or likeness rights.
(c) Enforcement.--This chapter shall not limit the right of an institution of higher education to establish and enforce any of the following:
(1) Academic standards, requirements, regulations or obligations for the institution of higher education's college student athletes.
(2) Team rules of conduct or other rules of conduct.
(3) Standards or policies regarding the governance or operation of or participation in intercollegiate athletics.
(4) Disciplinary rules and standards generally applicable to all students of the institution of higher education.
(d) Prohibition.--A college student athlete may not earn compensation as a result of the use of the college student athlete's name, image or likeness in connection with a person, company or organization related to or associated with the development, production, distribution, wholesaling or retailing of any of the following:
(1) Adult entertainment products and services.
(2) Alcohol products.
(3) Casinos and gambling, including sports betting, the lottery and betting in connection with video games, online games and mobile devices.
(4) Tobacco and electronic smoking products and devices.
(5) Prescription pharmaceuticals.
(6) A controlled dangerous substance.
(e) Prohibition.--
(1) An institution of higher education may prohibit a college student athlete's involvement in name, image or likeness activities that conflict with existing institutional sponsorship arrangements at the time the college student athlete discloses a contract to the institution of higher education as required under subsection (f).
(2) An institution of higher education, at the institution of higher education's discretion, may prohibit a college student athlete's involvement in name, image or likeness activities based on other considerations, such as conflict with institutional values, as defined by the institution of higher education.
(3) An institution of higher education shall have policies that specify the name, image or likeness activities in which college student athletes may or may not engage.
(f) Disclosure.--The following apply:
(1) A college student athlete who proposes to enter into a contract providing compensation to the college student athlete for use of the college student athlete's name, image or likeness rights shall disclose the contents of the contract prior to execution of the contract to an official of the institution of higher education, who is designated by the institution of higher education.
(2) An institution of higher education shall have policies that specify when the contract shall be disclosed and the contents of the contract to be disclosed in accordance with paragraph (1).
(3) If an institution of higher education receives direct financial compensation from a third party arising from the third party's contract with a college student athlete relating to the use of a college student athlete's name, image or likeness, the institution shall be required to disclose in a timely manner the financial relationship between the institution and the third party to the college student athlete. This section shall not apply to compensation received by the institution of higher education for the use of the institution's intellectual property.

Credits

2022, Nov. 3, P.L. 1996, No. 139, § 3, imd. effective.
5 Pa.C.S.A. § 3706, PA ST 5 Pa.C.S.A. § 3706
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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