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Issues Memo 1 (February 2021)

handle is hein.nccusl/nccpub4664 and id is 1 raw text is: Memo for the Uniform Law Commission Committee on the Uniform College Athlete Name, Image, and Likeness Act to Accompany Revised Version of the Draft for February 2021 Committee Meeting This memo summarizes the most significant changes to the revised draft of the Uniform College Athlete Name, Image and Likeness Act (the Act) and provides a brief response to the proposal submitted by Committee Members Harvey Perlman and Lane Kneedler. The Committee and Observers will have an opportunity to discuss these and other issues at the upcoming meeting. Section 2: Definitions A number of definitions were modified to harmonize the language of and intent of the Act with the Revised Uniform Athlete Agents Act (RUAAA). The primary changes or deletions were made to the following definitions to ensure consistency with RUAAA: Agency contract (Sec. 2(1)); Athlete agent (Sec. 2(2)); and Professional service provider (deleted; formerly Sec. 2 (22)). We also recommend including a legislative note in the Act to encourage states to adopt RUAAA so that the language and provisions in the Act will be consistent with the state's agent laws. Section 5: Right to Earn Compensation; Limits on Athletic Association and Institution Section 5(a): Two options are offered to define the general right of a college athlete to earn NIL compensation. Option 1 contains a fair market value limitation. Option 2 removes the fair market value limitation. Section 6: Limits and Restrictions on NIL Activity Section 6(a): Three options are offered regarding use of institutional or conference trademarks by the college athlete. In Option 1, college athletes may not use an institution or conference trademark in NIL activity, with the limited exception noted. In Option 2, a college athlete may use an institution or conference trademark in NIL activity, as long as such use is consistent with the use permitted by all students at the institution. Option 3 would not address use of trademarks (and thus would contain no restrictions). Options 2 and 3 were added in response to feedback from Observers and members of the Committee and to reflect the language used in many of the state NIL laws and bills. Section 6(g): Four options are offered regarding the limitations on a college athlete engaging in NIL activity that is illegal, immoral, or inconsistent with the values of an institution. Option 1 prohibits an athlete from engaging in NIL activity that is illegal, immoral, unsafe or would adversely impact the reputation of an institution, conference, or association. Option 2 1

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