§ 18B-22-1 — Definitions

West Virginia § 18B-22-1

• Jurisdiction: West Virginia
• Ch. 18B: HIGHER EDUCATION
• Art. 22: NAME, IMAGE, OR LIKENESS IN INTERCOLLEGIATE ATHLETICS

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For purposes of this article:

"Athlete agent" means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to §30-39-5 of this code.

"Attorney" means an attorney licensed to practice law in the State of West Virginia.

"Compensation" means any type of remuneration or anything of value:Provided, That compensation does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.

"Institution" means a state institution of higher education as defined in §18B-1-2 of this code.

"Institutional marks" means the name, logo, trademarks, mascot, unique colors, copyrights, and other defining insignia of an institution.

"Intercollegiate athletics" means programs at an institution for sports 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 college athletics.

"Name, image, or likeness" means a student-athlete’s name, image, or likeness, including but not limited to caricature, nicknames, pseudonyms, voice, live or recorded performances, photographs, videos, audio recordings, signatures, quotations, biographical data or information and any other personal characteristics or physical or vocal likenesses of student-athlete; any and all intellectual property rights owned by or on behalf of student-athlete relating to, based on or derived from any of the foregoing; and any and all other materials originating or relating to the student-athlete or any of the foregoing, including services and activities of the student-athlete related to the use of the foregoing.

"Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports campus sponsored by the institution, and other team-organized activities, including, but not limited to, individual photograph sessions, news media interviews, and other related activities as specified by the institution.

"Student-athlete" means an individual enrolled at an institution who participates in intercollegiate athletics.

Legislative History

2024 Reg. Sess., SB292