KRS § 164.6941 — KY Code / Title XIII / Chapter 164 / Section 164.6941
164.6941 Definitions for KRS 164.6941 to 164.6951
Status: in_force

164.6941 Definitions for KRS 164.6941 to 164.6951.

As used in KRS 164.6941 to 164.6951, unless context otherwise requires:

(1) "Affiliated corporation" means an entity created or designated by the governing

board of an institution under KRS 164A.610 by adopted resolution;

(2) "Agency contract" has the same meaning as in KRS 164.6903;

(3) "Athlete agent" has the same meaning as in KRS 164.6903;

(4) "Compensation" means anything of value, monetary or otherwise, including but not

limited to cash, gifts, in-kind items of value, social media compensation, payments

for licensing or use of publicity rights, payments for other intellectual or intangible

property rights under federal or state law, and any other form of payment or

remuneration, but shall exclude:

(a) Tuition, room, board, books, fees, and personal expenses that a postsecondary

educational institution provides a student-athlete in accordance with the rules

of the intercollegiate athletic association of which the institution is a member;

(b) Federal Pell Grants and other state and federal grants or scholarships

unrelated to and not awarded because of a student-athlete's participation in

intercollegiate athletics or sports competitions;

(c) Any other financial aid, benefits, or awards that an institution provides a

student-athlete in accordance with the rules of the intercollegiate athletic

association of which the institution is a member; or

(d) The payment of wages and benefits to a student-athlete by an institution for

work actually performed, but not for athletic ability or participation in

intercollegiate athletics, at a rate commensurate with the prevailing rate for

similar work in the locality of the institution;

(5) "Enrolled" has the same meaning as in KRS 164.6903;

(6) "Image" means a picture or video of the student-athlete;

(7) "Institutional agreement" means a written contract or agreement between a student-

athlete and an institution or its affiliated corporations that gives compensation to the

athlete, including but not limited to sharing revenue as permitted or as required by a

legal settlement or applicable law. Such compensation may be in exchange for the

use of the student athlete's name, image, or likeness, institutional brand promotion,

or other rights;

(8) "Intercollegiate athletic association" or "association" means any athletic association,

athletic conference, or other similar organization which acts as an organizing,

sanctioning, scheduling, or rule-making body of intercollegiate athletic events in

which postsecondary educational institutions take part, or an officer, director, or

employee of such entities;

(9) "Intercollegiate athletics" has the same meaning as "intercollegiate sport" in KRS

164.6903;

(10) "Likeness" means a physical, digital, or other depiction or representation of the

student-athlete;

(11) "Name" means the first, middle, or last name, or nickname of the student-athlete

when used in a context that reasonably identifies the student-athlete with

particularity, which may include a team number, symbol, logo, or brand;

(12) "Name, image, and likeness agreement" or "NIL agreement" means a written

contract or agreement between a student-athlete and a third party that gives

compensation to the athlete in exchange for the use of the athlete's name, image, or

likeness;

(13) "Official team activities" means activities a postsecondary educational institution

requires a student-athlete to participate in as part of an institutional agreement or

other written team contract that includes but is not limited to games, practices,

exhibitions, scrimmages, trainings, meetings, team appearances, team photograph

and video sessions, individual photograph and video sessions, media interviews and

appearances, marketing activities, team travel, and institutional camps and clinics;

(14) "Postsecondary educational institution" or "institution" means a public or private

Kentucky college, university, or community college that participates in

intercollegiate athletics, or an officer, director, or employee of such institutions;

(15) "Prevailing range of compensation" means a range of compensation for a valid

business purpose related to the promotion or endorsement of goods or services

provided to the general public for profit, with compensation at rates and terms

commensurate with compensation paid to similarly situated student-athletes who

are not current or prospective student-athletes at the institution;

(16) "Prospective student-athlete" means a person who is not currently enrolled in a

postsecondary educational institution but has been identified by that institution for

possible recruitment and participation in intercollegiate athletics;

(17) "Recruit" or "recruitment" means to attempt to influence a person's choice of

postsecondary educational institution;

(18) "Student-athlete" means a person who:

(a) Has entered into an institutional agreement or other contract to enroll and

participate in intercollegiate athletics as an athlete at an institution; or

(b) Is enrolled and participates as an athlete in intercollegiate athletics at an

institution; and

(19) "Third party" means a person or entity, other than an institution, affiliated

corporation, or an association, that offers, solicits, or enters into an NIL agreement.