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Name, Image and Likeness State and Federal Law Updates

Thursday, April 15, 2021
Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight.
In January 2021, Michigan Governor Gretchen Whitmer signed House Bill No. 5217, which will allow students to begin to monetize their NIL rights. Michigan’s law shares a number of similarities to 6 other state NIL laws that have been passed.
[1] in that it: (1) provides rules for student-athlete disclosure requirements, (2) provides agent licensing requirements, and (3) prevents a student-athletes’ grant-in aid or stipend scholarship to be reduced or revoked for earning NIL-based compensation. A noteworthy distinction is that, although this law does prohibit a student-athlete from entering into a contract that is in conflict with their team’s contract, it is limited to NIL contracts that require a student to display a sponsor’s apparel or o ....

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The Latest on NIL: Updates to State and Federal Laws | Goulston & Storrs PC

Since our
last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight.
In January 2021, Michigan Governor Gretchen Whitmer signed House Bill No. 5217, which will allow students to begin to monetize their NIL rights. Michigan’s law shares a number of similarities to 6 other state NIL laws that have been passed.
[1] in that it: (1) provides rules for student-athlete disclosure requirements, (2) provides agent licensing requirements, and (3) prevents a student-athletes’ grant-in aid or stipend scholarship to be reduced or revoked for earning NIL-based compensation. A noteworthy distinction is that, although this law does prohibit a student-athlete from entering into a contract that is in conflict with their team’s contract, it is limited to NIL contracts that require a student to display a sponsor’s apparel or otherwise advertise for the sponsor. T ....

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UPDATE: Sixth Federal NIL Bill Proposed By Kansas Senator Jerry Moran; Senator Booker Comments On Status of College Athlete Bill Of Rights | Jackson Lewis P.C.

Amateur Athletes Protection and Compensation Act.
The Amateur Athletes Protection and Compensation Act of 2021 (Protection Act), the sixth federal proposal governing student-athlete name, image, and likeness (NIL) rights, has been introduced U.S. Senator Jerry Moran (R-KS).
Senator Moran’s legislation combines aspects of prior partisan legislation proposed by both Republican and Democratic legislators.
Under the terms of Senator Moran’s bill, athletes can sign endorsement deals if the agreements do not violate a school’s code of conduct, and recruits can sign similar endorsement deals if they are not considered recruiting inducements. The bill also grants student-athletes the right to enter a sports draft and retain their eligibility if they do not receive compensation from a professional sports league, team, or agent. ....

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NIL Bill Proposed by Kansas Senator; Status of College Athlete Bill of Rights

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UPDATE: Sixth Federal NIL Bill Proposed by Kansas Senator Jerry Moran; Senator Booker Comments on Status of College Athlete Bill of Rights
Monday, March 1, 2021
Amateur Athletes Protection and Compensation Act.
The Amateur Athletes Protection and Compensation Act of 2021 (Protection Act), the sixth federal proposal governing student-athlete name, image, and likeness (NIL) rights, has been introduced U.S. Senator Jerry Moran (R-KS).
Senator Moran’s legislation combines aspects of prior partisan legislation proposed by both Republican and Democratic legislators.
Under the terms of Senator Moran’s bill, athletes can sign endorsement deals if the agreements do not violate a school’s code of conduct, and recruits can sign similar endorsement deals if they are not considered recruiting inducements. The bill also grants student-athletes the right to enter a sports draft and retain their eligibility if they do not receive compensati ....

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Jerry Moran Introduces Another NIL Bill For Congress To Possibly Consider

February 26, 2021 at 11:42 AM
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Yet another bill that would provide college athletes with rights to commercially exploit their names, images, and likenesses has been drafted by a member of Congress. Meanwhile, despite no lack of legislation on the subject, none of the sponsored pieces of legislation have progressed further than being announced and publicized.
The latest proposal comes from Sen. Jerry Moran (R-Kan.), who has unveiled the Amateur Athletes Protection and Compensation Act of 2021. Much like the other pending proposed bills, Moran’s legislation would prohibit the NCAA, athletic conferences, and universities from taking punitive action against a college athlete as retaliation for entering into a marketing contract with a third party. However, there are some elements within the bill that distinguish it from prior proposals. ....

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