reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-714 - [Repealed]

Repealed by Act 2015, No. 1235,§ 32, eff. 5/1/2015.
Amended by Act 2013, No. 1273,§ 1, eff. 8/16/2013.
Acts 2001, No. 1699, § 1; 2009, No. 785, § 5.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-801 - Purpose

(a)
It is not the intention of §§
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
to guarantee a profit to any person, firm, or corporation engaged in the business of processing or distributing milk, and any such person, firm, or corporation shall be free to meet competitive prices in this state, as herein provided.
(b)
However, it is the intention of §§
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
to prevent any person, firm, or corporation engaged in the business of processing or distributing milk from lowering its selling price below cost, as defined in §
4-75-802
, plus four percent (4%), except as hereinafter stated.
Acts 1955, No. 380, § 1; A.S.A. 1947, § 70-701.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-802 - Definition

(a)
As used in §§
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
, unless the context otherwise requires, "cost" includes the price the processor or distributor pays the producer for fresh milk, plus the cost of doing business, which shall include labor, including salaries of executives and officers, rent, interest, depreciation, selling costs, maintenance of equipment, transportation and delivery costs, credit losses, all types of permit and license fees, all taxes, insurance, advertising, and any and all overhead expenses of the processor or distributor or expenses incident to doing business.
(b)
In the event any action is instituted in any court in this state under §§
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
, costs, including the cost of raw milk, shall be determined by the average costs of such processor or distributor for the thirty-day period previous to the date of the alleged violation.
(c)
A profit from the sale of other products, including ice cream and other frozen foods, shall not be used in cost computations to subsidize or lower the costs of doing business in the sale of fresh milk.
Acts 1955, No. 380, § 3; A.S.A. 1947, § 70-703.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-803 - Institutions excepted from application of subchapter

Sections
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
shall not apply to federal government institutions, state tax-supported charitable or penal institutions, or church-supported orphanages.
Acts 1955, No. 380, § 7; A.S.A. 1947, § 70-707.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-804 - Penalties

The sale, offer, or advertisement for sale of fresh milk in violation of the provisions of §§
4-75-801
-
4-75-806
,
4-75-808
, and
4-75-809
is declared to be for the purpose of destroying competition, and any person, firm, or corporation found to be in violation hereof shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense.
Acts 1955, No. 380, § 5; A.S.A. 1947, § 70-705; Acts 2005, No. 1994, § 379.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-805 - Sales at less than equivalent competitive price - Definition

(a)
It shall be unlawful for any person, firm, or corporation, or combination thereof, engaged in this state in the business of processing or distributing fresh milk, either at retail or wholesale, to sell, offer for sale, or advertise for sale, fresh milk at less than four percent (4%) over and above the cost of purchasing, processing, and distributing the fresh milk, either at wholesale or retail, unless the sale, offer for sale, or advertisement for sale at less than cost plus four percent (4%) is for the purpose of meeting equivalent competitive prices of a processor or distributor in any county.
(b)
Equivalent competitive prices, as used in this section, means any legal wholesale or retail price, not less than the minimum prices provided herein, at which fresh fluid milk is sold, advertised, or offered for sale by the competitor who sells not less than five percent (5%) of the total fresh fluid milk sales in that county.
Acts 1955, No. 380, § 2; A.S.A. 1947, § 70-702.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-806 - Rebates, refunds, etc., considered as costs

The payment or allowance of rebates, refunds, commissions, or discounts, whether in the form of money or otherwise, or the extending to certain purchasers of special services or privileges not extended to all purchasers purchasing upon like terms and conditions, or the offering of a combined price for fresh milk or any fresh milk product with another commodity or service which is less than the aggregate of the prices for which the milk or milk products and other commodity or service is offered for sale, shall be considered costs of doing business in each separate sale or transaction, and each separate sale or transaction must stand the test of cost plus four percent (4%) as provided in §
4-75-805
.
Acts 1955, No. 380, § 4; A.S.A. 1947, § 70-704.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-807 - Fresh dairy products - Unlawful to limit quantity of purchase

(a)
It shall be unlawful for any vendor of fresh dairy products in this state who advertises or displays any of the products for sale at specified prices to restrict or limit the number or quantity of any such products to be sold to any purchaser desiring to purchase the products so long as the supply of the products to be purchased is available.
(b)
(1)
Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not more than one hundred dollars ($100).
(2)
Each violation of this section shall be punishable as a separate offense.
Acts 1963, No. 268, § 1; A.S.A. 1947, § 70-708; Acts 2005, No. 1994, § 41.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-808 - Furnishing equipment free or at less than cost unlawful - Exceptions

(a)
It shall be unlawful to furnish any free equipment other than to public schools, parochial schools, private schools, colleges, or universities.
(b)
Any equipment furnished or sold to any person, firm, or corporation by a processor or distributor or his or her or its agent, or designee, other than to public schools, parochial schools, private schools, colleges, or universities, shall be sold at a price not less than actual cost, including installation cost if paid or agreed to be paid by the processor or distributor or his or her or its agents, less ten percent (10%) per year allowance for age of the equipment prior to the installation. Any time or deferred price therefor shall not be payable for a term of more than one (1) year from date of installation.
Acts 1955, No. 380, § 4; A.S.A. 1947, § 70-704.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 8 - MILK AND OTHER DAIRY PRODUCTS (§§ 4-75-801 — 4-75-809) › Section 4-75-809 - Remedies

(a)
In addition to any remedy herein or otherwise and elsewhere provided, any person, firm, or corporation, or combination thereof, may be enjoined in a court of competent jurisdiction by any affected person, firm, or corporation from the violation of any of the provisions of §§
4-75-801
-
4-75-806
,
4-75-808
, or
4-75-809
.
(b)
Any person, firm, or corporation found by the court to be in violation of any of the provisions of §§
4-75-801
-
4-75-806
,
4-75-808
, or
4-75-809
shall be liable for three (3) times the amount of the actual damages, if any, sustained by any injured person, firm, or corporation as the result of the violations.
Acts 1955, No. 380, § 6; A.S.A. 1947, § 70-706.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-901 - Purpose

The purpose of this subchapter is to establish fair and open procedures for the bidding and negotiation of motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, promote fair and effective competition in that business, and benefit the movie-going public by holding down admission prices to motion picture theatres, expanding the choice of motion pictures available to the public, and preventing exposure of the public to objectionable or unsuitable motion pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibiting it.
Acts 1981, No. 606, § 1; A.S.A. 1947, § 70-1101.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-902 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Bid" means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture;
(2)
"Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the state or at the nearest film exchange before any such event has occurred;
(3)
"Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing;
(4)
"Exhibit" or "exhibition" means showing a motion picture to the public for a charge;
(5)
"Exhibitor" means any person engaged in the business of operating one (1) or more theatres;
(6)
"Invitation to bid" means a written or oral solicitation or invitation by a distributor to one (1) or more exhibitors to bid or negotiate for the right to exhibit a motion picture;
(7)
"License agreement" means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
(8)
"Person" includes one (1) or more individuals, partnerships, associations, societies, trusts, or corporations;
(9)
"Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in a designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run;
(10)
"Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge; and
(11)
"Trade screening" means the showing of a motion picture by a distributor in one (1) of the three (3) largest cities within the state or at the nearest film exchange which is open to any exhibitor interested in exhibiting the motion picture.
Acts 1981, No. 606, § 2; A.S.A. 1947, § 70-1102.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-903 - Penalties

Any person violating or failing to comply with the provisions of this subchapter shall be guilty of a violation and upon conviction shall be subject to a fine of one hundred dollars ($100) for each day the violation or noncompliance continues.
Acts 1981, No. 606, § 5; A.S.A. 1947, § 70-1105; Acts 2005, No. 1994, § 42.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-904 - Injunctions

Any court of competent jurisdiction is authorized, upon petition of a party in interest, to enjoin any violation of or noncompliance with the provisions of this subchapter.
Acts 1981, No. 606, § 6; A.S.A. 1947, § 70-1106.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-905 - Trade screening - Blind bidding prohibited

(a)
(1)
Blind bidding is prohibited within the state.
(2)
No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the state before the motion picture has been trade screened within the state or at the nearest film exchange.
(b)
A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if the motion picture has not already been trade screened within the state or at the nearest film exchange, the date, time, and place of the trade screening of the motion picture within the state or at the nearest film exchange.
(c)
A distributor shall provide reasonable and uniform notice to exhibitors within the state of all trade screenings within the state or at the nearest film exchange of motion pictures he or she is distributing.
(d)
Any purported waiver of the requirements of this section shall be void and unenforceable.
Acts 1981, No. 606, § 3; A.S.A. 1947, § 70-1103.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 9 - MOTION PICTURES (§§ 4-75-901 — 4-75-906) › Section 4-75-906 - Bidding procedures

If bids are solicited from exhibitors for the licensing of a motion picture within this state, then:
(1)
The invitation to bid shall specify:
(A)
The number and length of runs for which the bid is being solicited, whether it is a first run, second run, or subsequent run, and the geographic area for each run;
(B)
The names of all exhibitors who are being solicited;
(C)
The date and hour the invitation to bid expires; and
(D)
The location, including the address, where the bids will be opened, which shall be within this state or at the nearest film exchange;
(2)
All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors, or their agents, who submitted bids and are present at the time, in one (1) of the three (3) largest cities within the state or at the nearest film exchange;
(3)
After being opened, bids shall be subject to examination by exhibitors or their agents who submitted bids. Within seven (7) business days after a bid is opened, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder; and
(4)
Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids or negotiate if he or she does not accept any of the submitted bids.
Acts 1981, No. 606, § 4; A.S.A. 1947, § 70-1104.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1001 - Title

This subchapter shall be known and may be cited as the "Foundation Repair Contracts Act".
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1002 - Purpose

The purpose of this subchapter is to ensure fair and reasonable regulation of foundation repair contracts to prevent misleading and deceptive business practices in the performance of a foundation repair contract.
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1003 - Definitions

As used in this subchapter:
(1)
"Contractor" means a person or an entity that repairs or has repaired the foundation of a single-family dwelling;
(2)
"Foundation repair contract" means a written contract between a homeowner and a contractor to repair the foundation of a single-family dwelling;
(3)
"Homeowner" means the initial owner and any subsequent owner of a single-family dwelling; and
(4)
"Single-family dwelling" means a dwelling constructed for habitation by one (1) to four (4) families.
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1004 - Foundation repair contract requirements

A foundation repair contract shall contain the:
(1)
Legal description and street address of the single-family dwelling; and
(2)
Names and addresses of the parties to the contract.
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1005 - Enforceability

A foundation repair contract is enforceable by a homeowner against a contractor for the time specified in the foundation repair contract.
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 10 - FOUNDATION REPAIR CONTRACTS ACT (§§ 4-75-1001 — 4-75-1006) › Section 4-75-1006 - Civil remedies

If a homeowner successfully files suit to obtain a remedy authorized by this subchapter, the homeowner shall recover:
(1)
The amount of the cost to repair the foundation, remediate any defects, and reconstruct the structural damage resulting from a defect in a single-family dwelling's foundation; and
(2)
Court costs and a reasonable attorney's fee.
Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1101 - Title

This subchapter shall be known and may be cited as the "Frank Broyles Publicity Rights Protection Act of 2016".
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1102 - Findings and legislative intent

(a)
The General Assembly finds that citizens of this state:
(1)
Are renowned for their hard work and accomplishments in many areas that contribute to the public health, welfare, and pursuit of happiness;
(2)
Often spend most of their lives developing and maintaining reputations of honesty and integrity;
(3)
Have a vested interest in maintaining the memory of personal traits that characterize them and their accomplishments; and
(4)
Should have the use of their names, voices, signatures, photographs, and likenesses protected for their benefit and the benefit of their families.
(b)
It is the intent of the General Assembly by the enactment of this subchapter to:
(1)
Protect the names, voices, signatures, photographs, and likenesses of the citizens of this state from exploitation and unauthorized commercial use without the consent of the citizen;
(2)
Provide a method for the fair administration of the right to use the name, voice, signature, photograph, or likeness of a citizen; and
(3)
Provide appropriate remedies for the exploitation and unauthorized commercial use of the name, voice, signature, photograph, or likeness of a citizen.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1103 - Definitions

As used in this subchapter:
(1)
(A)
"Commercial use" means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:
(i)
For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or
(ii)
On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.
(B)
"Commercial use" does not mean the use of an individual's name, voice, signature, photograph, or likeness to identify the individual for the purpose of:
(i)
Data collection or data reporting and supplying the data collected or reported; or
(ii)
Data processing, data matching, data distribution, or data licensing;
(2)
"Individual" means a natural person, alive or dead;
(3)
"Likeness" means a reproduction of the image of an individual by any means other than a photograph;
(4)
(A)
"Person" means an individual or entity.
(B)
"Person" includes:
(i)
A partnership, a corporation, a company, an association, or any other business entity;
(ii)
A not-for-profit corporation or association;
(iii)
An educational or religious institution;
(iv)
A political party; and
(v)
A community, civic, or other organization;
(5)
"Photograph" means a reproduction of the image of an individual that readily identifies the individual, whether made by photography, videotape, live transmission, or other means; and
(6)
"Successor in interest" means an owner or the beneficial owner of a property right provided by this subchapter under:
(A)
A transfer, assignment, or license of the property right; or
(B)
Section
4-75-1104(b)(3)
.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1104 - Property right in use of name, voice, signature, photograph, or likeness - Prior consent

(a)
An individual has a property right in the commercial use by any medium in any manner without the individual's prior consent of:
(1)
The individual's name, voice, signature, photograph, or likeness; and
(2)
Any combination of the individual's name, voice, signature, photograph, or likeness.
(b)
The property right provided under subsection (a) of this section:
(1)
Is freely transferable, assignable, licensable, and descendible, in whole or in part, by contract or by a trust, testamentary disposition, or other instrument executed before or after August 22, 2016;
(2)
Does not expire upon the death of an individual, whether or not the rights were commercially used by the individual during the individual's lifetime; and
(3)
(A)
Upon the death of an individual, vests in the individual's executors, administrators, heirs, devisees, and assignees according to:
(i)
The terms of a trust, testamentary, or other instrument under subdivision (b)(1) of this section; or
(ii)
Except as provided in subdivision (b)(3)(B) of this section, if a testamentary instrument does not expressly provide for the transfer of a property right provided by subsection (a) of this section, the laws of this state governing intestate succession to personalty control.
(B)
In the absence of an express transfer in a testamentary instrument of the rights of an individual in his or her name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the individual's assets is effective to transfer the rights recognized under this section in accordance with the terms of the provision.
(c)
Subject to the terms of a transfer, assignment, or license of a property right provided by this section, the consent required by subsection (a) of this section shall be exercised by:
(1)
The individual during the lifetime of the individual;
(2)
A person or persons to whom all or part of the right of consent has been transferred, assigned, or licensed; or
(3)
After the death of an individual, as provided by §
4-75-1105
.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1105 - Exercise of rights after death

(a)
Subject to the terms of a transfer, assignment, or license of property rights under §
4-75-1104
, after the death of an individual, consent to the use of the individual's name, voice, signature, photograph, or likeness shall be granted by no less than fifty and one-thousandths percent (50.001%) of the owners of the right to use the name, voice, signature, photograph, or likeness of the individual under §
4-75-1104(b)(3)
.
(b)
Compensation or other remuneration received under subsection (a) of this section for the use of the name, voice, signature, photograph, or likeness of the individual shall be shared by all owners of the right to use the name, voice, signature, photograph, or likeness of the individual according to each owner's respective ownership interest.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1106 - Registration

(a)
A successor in interest shall register a claim of property rights under this subchapter in the manner provided by this section.
(b)
Unless a claim of property rights under this subchapter is registered under this section, a successor in interest shall not recover damages from a person or obtain any other legal or equitable remedy on the claim for a commercial use prohibited by this subchapter unless the person knew of the claim of the successor in interest before the person undertook efforts or expense to make the commercial use.
(c)
(1)
A successor in interest shall register the claim with the Secretary of State:
(A)
On a form prescribed by the Secretary of State; and
(B)
By paying a filing fee prescribed by the Secretary of State not to exceed twenty-five dollars ($25.00).
(2)
The form shall:
(A)
Be verified under oath;
(B)
Include the name and, if applicable, date of death of the individual; and
(C)
Include the name and address of the claimant, the basis of the claim, and the property rights claimed.
(d)
(1)
Upon receipt of the claim, the Secretary of State shall file and post the form along with the entire registry of persons claiming to be a successor in interest of a decedent on the website of the Secretary of State.
(2)
The Secretary of State shall microfilm or otherwise reproduce the filing or form and destroy the original filing or form.
(3)
Under this section, the microfilm or other reproduction of the filing or form is:
(A)
Admissible in any court of law; and
(B)
A matter of public record.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1107 - Exclusive rights - Expiration

Subject to a transfer, an assignment, or a licensing agreement, the property rights provided by this subchapter are exclusive to:
(1)
An individual during the individual's lifetime; and
(2)
The executors, administrators, heirs, devisees, and assignees of the individual for fifty (50) years after the individual's death.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1108 - Unauthorized commercial use

(a)
Except as provided in §
4-75-1110
, a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services if the commercial use was not authorized under §
4-75-1104(c)
.
(b)
If a minor is the holder of the property right, the parent or legal guardian may consent on the minor's behalf.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1109 - Civil actions - Damages

(a)
An aggrieved party may file a civil action in the county where:
(1)
One (1) or more defendants reside; or
(2)
A violation of this subchapter occurred.
(b)
Upon finding a violation of this subchapter, the court may issue an injunction to prevent or restrain the unauthorized commercial use of the name, voice, signature, photograph, or likeness of the individual.
(c)
(1)
The holder of the property right under this subchapter is entitled to recover for the unauthorized commercial use of the property right by seeking both:
(A)
The actual damages the holder of the property right has suffered as a result of a commercial use of the property right; and
(B)
Any profits that are attributable to the commercial use.
(2)
Profits that are attributable to the commercial use shall not be considered in computing the actual damages.
(3)
The existence or nonexistence of profits from the unauthorized commercial use shall not be a criterion for determining liability.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1111 - Exclusive remedies

(a)
Remedies granted by this subchapter shall constitute the exclusive basis for asserting a claim for the unauthorized commercial use of the name, voice, signature, photograph, or likeness of an individual.
(b)
Except as provided in this subchapter, a right of publicity in the use of the name, voice, signature, photograph, or likeness of an individual does not exist.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1112 - Construction

(a)
This subchapter:
(1)
Shall be liberally construed to accomplish its intent and purposes; and
(2)
Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness.
(b)
The property rights granted by this subchapter are not considered intellectual property for purposes of
47 U.S.C. § 230
.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/1/2017.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 11 - FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016 (§§ 4-75-1101 — 4-75-1113) › Section 4-75-1113 - Applicability

(a)
The property rights granted by this subchapter vest with respect to an individual on August 22, 2016.
(b)
This subchapter applies only to individuals maintaining a domicile or residence in the State of Arkansas on or after August 22, 2016.
Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.
Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 12 - ASPHALT ROOF SHINGLES EXPRESS WARRANTY ACT (§§ 4-75-1201 — 4-75-1204) › Section 4-75-1201 - Title

This subchapter shall be known and may be cited as the "Asphalt Roof Shingles Express Warranty Act".
Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 12 - ASPHALT ROOF SHINGLES EXPRESS WARRANTY ACT (§§ 4-75-1201 — 4-75-1204) › Section 4-75-1202 - Purpose

The purpose of this subchapter is to ensure that the express warranty provided by a manufacturer against defective asphalt roof shingles is available to a homeowner and any subsequent homeowner to prevent misleading and deceptive business practices in the sale of asphalt roof shingles.
Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 12 - ASPHALT ROOF SHINGLES EXPRESS WARRANTY ACT (§§ 4-75-1201 — 4-75-1204) › Section 4-75-1203 - Definitions

As used in this subchapter:
(1)
"Asphalt roof shingles" means a roof-covering material or product that is installed on a roof of a single-family dwelling;
(2)
"Homeowner" means the initial owner and any subsequent owner of a single-family dwelling;
(3)
"Manufacturer" means an entity that is engaged in the manufacturing of asphalt roof shingles; and
(4)
"Single-family dwelling" means a dwelling constructed for habitation by one to four (1-4) families.
Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 12 - ASPHALT ROOF SHINGLES EXPRESS WARRANTY ACT (§§ 4-75-1201 — 4-75-1204) › Section 4-75-1204 - Enforceability

A manufacturer's express warranty against defective asphalt roof shingles is enforceable by a homeowner against a manufacturer for the time specified in the express warranty as provided by the manufacturer.
Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1301 - Title

This subchapter shall be known and may be cited as the "Arkansas Student-Athlete Publicity Rights Act".
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › 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.
Amended by Act 2023, No. 589,§ 2, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1304 - Conflicts

(a)
A third-party licensee or student-athlete shall not enter into a contract for the commercial use of the student-athlete's publicity rights if the contract:
(1)
Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address, or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition, or other activity;
(2)
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; or
(3)
Involves the student-athlete's performance or lack of performance in athletic competition.
(b)
A contract in violation of this subchapter is void and unenforceable.
Amended by Act 2023, No. 589,§ 3, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1305 - Representation

(a)
An agent, athlete agent, financial advisor, or attorney who is providing professional representation of a student-athlete shall be licensed, as applicable, in this state.
(b)
An institution of higher education, athletic association, athletic conference, or other organization with authority over varsity intercollegiate athletics shall not prevent a student-athlete from participating in a varsity intercollegiate sport, or otherwise penalize a student-athlete, for obtaining professional representation in connection with an opportunity to earn compensation for the commercial use of the student-athlete's publicity rights.
(c)
A student-athlete may rescind a publicity rights contract with a third-party licensee or a contract for professional representation related to publicity rights without being held liable for breach of contract and with no obligation to return payments received before giving notice of rescission if the student-athlete is no longer eligible to participate in any varsity intercollegiate athletics program at an institution of higher education.
Amended by Act 2023, No. 589,§ 4, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1306 - Disclosure

(a)
(1)
A student-athlete who enters into a contract related to the commercial use of the student-athlete's publicity rights shall disclose to a designated official of the student-athlete's institution of higher education the existence of the contract, including the contract terms, conditions, parties, and compensation amounts.
(2)
The disclosure described in subdivision (a)(1) of this section shall be made within a time period and in a manner designated by the institution of higher education.
(b)
(1)
A professional representative of a student-athlete for a contractual or legal matter regarding the student-athlete's opportunity to earn compensation for the commercial use of the student-athlete's publicity rights shall disclose to a designated official of the student-athlete's institution of higher education the relationship between the professional representative and the student-athlete and the existence of the contract, including without limitation the contract terms, conditions, parties, and compensation amounts.
(2)
The disclosure described in subdivision (b)(1) of this section shall be made within a time period and in a manner designated by the institution of higher education.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.