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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) This subchapter does not:
(1) Require an institution of higher education, its supporting foundations, or its authorized entities to compensate a student-athlete for any use of the student-athlete's publicity rights stated in § 4-75-1110;
(2) Require an institution of higher education or its supporting foundations or authorized entities, athletic association, conference, or other organization with authority over varsity intercollegiate athletics to identify, create, facilitate, negotiate, or otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete's publicity rights;
(3) Authorize a student-athlete to use the name, nicknames, trademarks, service marks, landmarks, facilities, trade dress, uniforms, songs, mascots, logos, images, symbols, or other intellectual property, whether registered or not, of an institution of higher education, athletic association, conference, or other organization with authority over varsity intercollegiate athletics;
(4) Limit the right of an institution of higher education to establish and enforce:
(A) Academic standards, requirements, regulations, or obligations for its students;
(B) Team rules of conduct or other rules of conduct;
(C) Standards or policies regarding the governance or operation of or participation in varsity intercollegiate athletics; or
(D) Disciplinary rules generally applicable to all students of the institution of higher education; or
(5) Render student-athletes employees of the institution of higher education based on participation in varsity intercollegiate athletic competition.
(b) Notwithstanding any other provision of this subchapter, a student-athlete participating in varsity intercollegiate athletics is prohibited from earning compensation as a result of the commercial use of the student-athlete's publicity rights in connection with any person or entity related to or associated with the development, promotion, production, distribution, wholesaling, or retailing of:
(1) Adult entertainment, sexually suggestive products, or sex-oriented products, services, conduct, imagery, or inferences;
(2) Alcohol products;
(3) A casino and gambling, including without limitation sports betting and betting in connection with a video game or online game, or on a mobile device;
(4) Tobacco, marijuana, or electronic smoking products and devices;
(5) Pharmaceuticals;
(6) Any dangerous or controlled substance;
(7) Drug paraphernalia;
(8) Weapons, including without limitation firearms and ammunition; or
(9) Any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing varsity intercollegiate athletic competition.
Cite this article: FindLaw.com - Arkansas Code Title 4. Business and Commercial Law § 4-75-1307. Scope - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-75-1307/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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