§ 5 — Definitions

In this Act: "Booster" means a person or entity that has made, within the past 5 years, a financial contribution in an amount greater than $1,000 to a postsecondary educational institution's athletics department or an athletics booster organization of that institution. The purchase of season or single game tickets to any athletics event is not a financial contribution for purposes of determining whether an individual or entity is a booster. "Compensation" means anything of value, monetary or otherwise, including, but not limited to, cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or State law, and any other form of payment or remuneration, except as excluded under this Act. "Compensation" shall not include: (1) tuition, room, board, books, fees, and personal expenses that a postsecondary educational institution provides to a student-athlete in accordance with the rules of the athletic association or conference of which the postsecondary educational institution is a member; (2) Federal Pell Grants and other State and federal grants or scholarships unrelated to, and not awarded because of a student-athlete's participation in intercollegiate athletics or sports competition; (3) any other financial aid, benefits, or awards that a postsecondary educational institution provides to a student-athlete in accordance with the rules of the athletic association or conference of which the postsecondary educational institution is a member; or (4) the payment of wages and benefits to a student-athlete for work actually performed (but not for athletic ability or participation in intercollegiate athletics) at a rate commensurate with the prevailing rate for similar work in the locality of the student-athlete's postsecondary educational institution. "Enrolled" means registered for courses or attending athletic practice or class at a postsecondary educational institution. "Image" means any visual depiction, including, but not limited to, photograph, digital image, rendering, and video. "Intercollegiate athletics program" means an intercollegiate athletics program played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. "Likeness" means a physical, digital, rendering, or other depiction or representation of a student-athlete, including a student-athlete's uniform number or signature, that reasonably identifies the student-athlete with particularity and is not reasonably considered to be a generic representation of a member of an intercollegiate athletics program. "Name" means the first or last name or the nickname of a student-athlete when used in a context that reasonably identifies the student-athlete with particularity. "Name, image, and likeness agreement" or "publicity rights agreement" means a contract or other written or oral arrangement between a student-athlete and a third party licensee regarding the use of the name, image, likeness, or voice of the student-athlete. "Publicity right" means any right that (i) is licensed under a publicity rights agreement or (ii) is recognized under a federal or State law that permits an individual to control and benefit from the commercial use of the name, image, likeness, or voice of the individual. "Postsecondary educational institution" means a public university or community college or private university or college. "Social media compensation" means all forms of payment for engagement on social media received by a student-athlete as a result of the use of that student-athlete's name, image, likeness, or voice. "Student-athlete" means a student who engages in, is eligible to engage in, or may be eligible in the future to engage in, an intercollegiate athletics program at a postsecondary educational institution. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. "Third party licensee" means any individual or entity that licenses publicity rights or the use of name, image, likeness, or voice from any prospective or current student-athlete or group of student-athletes. "Third party licensee" shall not include any national association for the promotion or regulation of collegiate athletics, athletics conference, or postsecondary educational institution.

Legislative History

(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22; 103-724, eff. 1-1-25 .)