Maryland Code § ED-15-131

Section ED-15-131
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(a) (1) In this section the following words have the meanings indicated.
(2) "Public institution of higher education" means:
(i) The constituent institutions of the University System of
Maryland; and
(ii) Morgan State University.
(3) (i) "Student athlete" means a college student who participates
in an intercollegiate athletic program at a public institution of higher education.
(ii) "Student athlete" does not include a student who
participates solely in intramural or club athletics.

(b) (1) A public institution of higher education may not:
(i) Uphold any rule, requirement, standard, or other
limitation that prevents a student athlete from earning compensation from the use
of the student athlete's name, image, or likeness; or
(ii) Reduce, rescind, or otherwise affect a student athlete's
scholarship because the student athlete earns compensation from the use of the
student athlete's name, image, or likeness.
(2) An athletic association, a conference, or any other group or
organization with authority over intercollegiate athletics, including the National
Collegiate Athletic Association, may not prevent a student athlete from earning
compensation as a result of the use of the student athlete's name, image, or likeness.
(3) An athletic association, a conference, or any other group or
organization with authority over intercollegiate athletics, including the National
Collegiate Athletic Association, may not prevent a public institution of higher
education from participating in intercollegiate athletics as a result of the
compensation of a student athlete for the use of the student athlete's name, image,
or likeness.
(c) A public institution of higher education, an athletic association, a
conference, or any other group or organization with authority over intercollegiate
athletics may not:
(1) Provide a prospective student athlete with compensation in
relation to the student athlete's name, image, or likeness; or
(2) Prevent a student athlete from obtaining representation in
relation to contracts or legal matters.
(d) (1) An athletic program contract of a public institution of higher
education may not prevent a student athlete from using the student athlete's name,
image, or likeness for a commercial purpose when the student athlete is not engaged
in official team activities.
(2) An athletic program contract may prohibit a student athlete from
engaging in in-person advertising for a third-party sponsor during official and
mandatory team activities without prior approval from the institution's athletic
department.
(e) (1) A student athlete may not enter into a contract providing
compensation to the student athlete for use of the student athlete's name, image, or

likeness if a provision of the contract is in conflict with a provision of the student
athlete's athletic program contract.
(2) A student athlete who enters into a contract providing
compensation to the student athlete for use of the student athlete's name, image, or
likeness shall disclose the contract to an official of the public institution of higher
education, designated by the public institution of higher education.
(f) Nothing in this section may be construed to grant a student athlete a
right to make commercial use of names, trademarks, logos, or other intellectual
property owned or controlled by a public institution of higher education.

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