Oregon Revised Statutes Chapter 702 § 702.200 — Student athlete economic rights; name, image, likeness or athletic reputation

Student athlete economic rights; name, image, likeness or athletic reputation. (1) As used in this section: (a) “Athletic association, conference or organization with authority over intercollegiate sports” includes the National Collegiate Athletic Association. (b)(A) “Economic rights” means the rights of a student athlete enrolled in a post-secondary institution of education to earn compensation for use of the student athlete’s name, image, likeness or athletic reputation and to contract with and retain professional representation or an athlete agent. (B) “Economic rights” does not include a right to receive compensation from a post-secondary institution of education. (c) “Post-secondary institution of education” means: (A) A public university listed in ORS 352.002. (B) An Oregon-based, generally accredited, private institution of higher education. (2) A post-secondary institution of education may compensate a student athlete or prospective student athlete for use of the student athlete’s or prospective student athlete’s name, image, likeness or athletic reputation. (3)(a) Except as provided in this section, a post-secondary institution of education or an athletic association, conference or organization with authority over intercollegiate sports may not: (A) Prohibit, prevent or restrict a student athlete from exercising economic rights. (B) Penalize or retaliate against a student athlete for exercising economic rights. (C) Prohibit a student athlete from participating in an intercollegiate sport for exercising economic rights. (D) Impose an eligibility requirement on a scholarship or grant that requires a student athlete to refrain from exercising economic rights. (E) Prohibit a student athlete from receiving food, drink, lodging or medical expenses or insurance coverage from a third party as compensation for use of the student athlete’s name, image, likeness or athletic reputation. (b) Except as provided in this section, an athletic association, conference or organization with authority over intercollegiate sports may not: (A) Prevent a post-secondary institution of education or a student athlete from participating in intercollegiate sports, accept a complaint, open an investigation or take any other adverse action against a post-secondary institution of education or a student athlete as a result of a violation, or an alleged violation, of the rules or regulations of the athletic association, conference or organization related to a student athlete exercising economic rights. (B) Authorize, cause or allow any post-secondary institution of education that is a member of the association, conference or organization to take an action prohibited under paragraph (a) of this subsection. (4)(a) A student athlete may not enter into a contract that provides compensation to the student athlete for use of the student athlete’s name, image, likeness or athletic reputation if terms of the contract conflict with the student athlete’s team rules or with terms of a contract entered into between the student athlete’s post-secondary institution of education and a third party, except neither the team rules nor a contract entered into between the post-secondary institution of education and a third party may prevent a student athlete from earning compensation for use of the student athlete’s name, image, likeness or athletic reputation when not engaged in official team activities, including participating in or being part of an advertisement that was created while not engaged in official team activities but that may otherwise be broadcasted, displayed or disseminated at any time. (b) A student athlete who enters into a contract that provides compensation to the student athlete for use of the student athlete’s name, image, likeness or athletic reputation shall disclose the contract for the sole purpose of demonstrating compliance with paragraph (a) of this subsection to an official of the post-secondary institution of education designated by the institution if the student athlete is a team member or, if the student athlete is not a team member, at the time the student athlete seeks to become a team member. (c) If the post-secondary institution of education asserts that the terms of the contract conflict with the team rules or with terms of a contract entered into between the student athlete’s post-secondary institution of education and a third party, the institution shall disclose the specific rules or terms asserted to be in conflict to the student athlete or to the student athlete’s professional representative or athlete agent if the student athlete is represented. (d) Any contract, proposed contract or related documentation in the possession of a post-secondary institution of education that relates to a student athlete’s exercise of economic rights is confidential and exempt from public disclosure under ORS 192.311 to 192.478. (5) Nothing in this section prohibi