West Virginia § 18B-22-2 Authority of institutions relating to name, image, and likeness

West Virginia Statutes

§ 18B-22-2 — Authority of institutions relating to name, image, and likeness

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

(a)Under the provisions of this article, institutions may

(1)Enter into agreements providing for the compensation of student-athletes for the use of the student-athlete’s name, image, or likeness;

(2)Share a portion of the revenues generated by an intercollegiate athletic department with the student-athlete;

(3)Condition such compensation based on terms and conditions established by the institution, including provisions limiting the ability of the student-athlete to earn compensation from other persons or entities, including, but not limited to, prohibited endorsements, conflicting endorsements, and activities during official team activities and a requirement that the student-athlete disclose any similar agreements with other persons or entities; and

(4)Identify, create, negotiate

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(a) Under the provisions of this article, institutions may

(1) Enter into agreements providing for the compensation of student-athletes for the use of the student-athlete’s name, image, or likeness;

(2) Share a portion of the revenues generated by an intercollegiate athletic department with the student-athlete;

(3) Condition such compensation based on terms and conditions established by the institution, including provisions limiting the ability of the student-athlete to earn compensation from other persons or entities, including, but not limited to, prohibited endorsements, conflicting endorsements, and activities during official team activities and a requirement that the student-athlete disclose any similar agreements with other persons or entities; and

(4) Identify, create, negotiate, facilitate, support, engage with, or otherwise assist a student-athlete with respect to a name, image, or likeness opportunity:

(b) Subject to the authority in subsection (a) of this section, student-athletes may earn compensation for the student athlete’s name, image, or likeness; endorsement; or related activity, including directly from the institution where the student-athlete is enrolled, and the student-athlete may retain an athlete agent or attorney in connection with issues related to name, image, or likeness; endorsement; and related activity:Provided, That nothing in this article may be construed to qualify a student-athlete as an employee of an institution because the student-athlete engages in name, image, or likeness; endorsement, or revenue sharing opportunities;Provided, however, That institutions may not use any moneys appropriated by the Legislature to compensate a student-athlete for the student-athlete’s name, image, or likeness; endorsement, or revenue sharing activities.

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