Section 4-75-1302 - DefinitionsAs used in this subchapter:
(1)(A) "Commercial use" means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:(i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or(ii) On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.(B) "Commercial use" does not include the use of an individual's name, voice, signature, photograph, or likeness to identify the individual for the purpose of:(i) Data collection or data reporting and supplying the data collected or reported; or(ii) Data processing, data matching, data distribution, or data licensing;(2) "Image" means a picture or other recognizable visual representation of a student-athlete;(3) "Likeness" means a reproduction of an image of an individual by any means other than a photograph;(4) "Name" means: (A) The first, middle, or last name of a student-athlete; or(B) When used in a context that reasonably identifies a student-athlete with particularity: (i) The initials of the student-athlete; or(ii) The nickname of the student-athlete;(5) "Photograph" means a reproduction of an image of an individual that readily identifies the individual, whether made by photography, videotape, live transmission, or other means;(6) "Publicity right" means a right that is recognized under state or federal law that permits an individual to control and profit from commercial use of the individual's name, image, voice, signature, photograph, or likeness;(7)(A) "Student-athlete" means an individual who:(i) Has been accepted into admission or signed a National Letter of Intent or other written agreement to enroll in an institution of higher education within the State of Arkansas; or(ii) Is enrolled at an institution of higher education who is eligible to engage in any varsity intercollegiate athletics program at the institution.(B) "Student-athlete" does not include an individual who is permanently ineligible to participate in a particular varsity intercollegiate athletics program for the purposes of the particular varsity intercollegiate athletics program; and(8)(A) "Third-party licensee" means an individual or entity that licenses, secures, or uses the publicity rights of a student-athlete or that provides compensation in any form to a current or prospective student-athlete, or anyone on behalf of the student-athlete, in exchange for the student-athlete's using, displaying, referring to, mentioning, endorsing, advertising, selling, marketing, promoting, or soliciting the purchase of a product, merchandise, good, service, organization, or business.(B) "Third-party licensee" does not include an athletic association, athletic conference, institution of higher education, or nonprofit organization, club, or supporting foundation that is authorized by an institution of higher education and established solely to advance the purposes of the institution of higher education.Amended by Act 2023, No. 589,§ 1, eff. 4/11/2023.Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.