Ark. Code § 4-75-1303

Current with legislation from 2024 Fiscal and Special Sessions.
Section 4-75-1303 - Right to compensation
(a) Except as prohibited in this subchapter, a student-athlete shall have the right to enter into a contract and receive compensation for the commercial use of the student-athlete's publicity rights.
(b) An institution of higher education, its supporting foundations, or its authorized entities may identify, create, facilitate, and otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete's publicity rights.
(c) A charitable organization that qualifies as an exempt organization under 26 U.S.C. § 501(c)(3), as it existed on January 1, 2023, shall have the right to compensate student-athletes for the commercial use of the student-athlete's publicity rights.
(d) Except as provided in this subchapter or applicable federal law, an institution of higher education shall not uphold any rule, requirement, standard, or other limitation of an athletic association or athletic conference that prevents a student-athlete from earning compensation for the commercial use of the student-athlete's publicity rights.
(e) Earning compensation for the commercial use of a student-athlete's publicity rights shall not affect the student-athlete's scholarship eligibility.
(f) An athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics shall not:
(1) Prevent a student-athlete from receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter;
(2) Penalize a student-athlete for receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; or
(3) Prevent an institution of higher education from participating in varsity intercollegiate athletics, or otherwise penalize an institution of higher education, as a result of a student-athlete's receipt of compensation under this subchapter.

Ark. Code § 4-75-1303

Amended by Act 2023, No. 589,§ 2, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.