Right to compensation

Ark. Code Ann. § 4-75-1303, under Unfair Practices.

Ark. Code Ann. § 4-75-1303

(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:(1) 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;(2) Compensate a student-athlete for the commercial use of the student-athlete's publicity rights; and(3) Enter into an exclusive or nonexclusive license agreement with a student-athlete for the commercial use of the student-athlete's publicity rights.

(1) 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;

(2) Compensate a student-athlete for the commercial use of the student-athlete's publicity rights; and

(3) Enter into an exclusive or nonexclusive license agreement with a student-athlete for the commercial use of the student-athlete's publicity rights.

(c) (1) An institution of higher education in this state may revoke or rescind an agreement or commitment to provide compensation, a grant-in-aid, or other benefit to a student-athlete who receives or agrees to receive compensation that conflicts with a term or condition of a contract, policy, rule, regulation, or standard of the student-athlete's committed or enrolled institution of higher education.(2) The institution of higher education and officers, agents, and employees of the institution of higher education shall not be liable for damages or be subjected to any injunctive relief by a court as a consequence of the revocation or rescission of an agreement under subdivision (c)(1) of this section.

(1) An institution of higher education in this state may revoke or rescind an agreement or commitment to provide compensation, a grant-in-aid, or other benefit to a student-athlete who receives or agrees to receive compensation that conflicts with a term or condition of a contract, policy, rule, regulation, or standard of the student-athlete's committed or enrolled institution of higher education.

(2) The institution of higher education and officers, agents, and employees of the institution of higher education shall not be liable for damages or be subjected to any injunctive relief by a court as a consequence of the revocation or rescission of an agreement under subdivision (c)(1) of this section.

(d) 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 unless expressly agreed to by an institution of higher education as a condition of athletic association or conference membership or as otherwise provided by applicable federal law; 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 unless expressly agreed to by an institution of higher education as a condition of athletic association or conference membership or as otherwise provided by applicable federal law.

(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 unless expressly agreed to by an institution of higher education as a condition of athletic association or conference membership or as otherwise provided by applicable federal law; 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 unless expressly agreed to by an institution of higher education as a condition of athletic association or conference membership or as otherwise provided by applicable federal law.

(e) Income received by a student-athlete from an institution of higher education as compensation for the use of his or her name, image, or likeness or as a percentage of institutional athletic revenue permitted by the institution of higher education's governing athletic association or conference under this subchapter is exempt from state income tax.

(f) Personal or financial information of a student-athlete contained in an agreement authorized under this subchapter is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.