Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 97 - ATHLETICS (§§ 37-97-1 — 37-97-109) › Article 3 - MISSISSIPPI INTERCOLLEGIATE ATHLETICS COMPENSATION AND PUBLICITY RIGHTS ACT (§§ 37-97-101 — 37-97-109) › Section 37-97-107 - Compensation to student-athlete at postsecondary educational institution for use of publicity rights; prohibited acts; certain reasonable limitations on student-athlete's endorsement or promotional activities permitted; professional representation of student-athlete; effect of compensation on financial aid, awards or benefits; disclosure of agreements for compensation; compensation from third-party

(1)
An agreement for the use of a student-athlete's publicity rights which is formed after the student-athlete has announced an intention to attend a postsecondary educational institution or while the student-athlete is participating in an intercollegiate sport at a postsecondary educational institution may be terminated either by the student-athlete or any other party to the agreement when the student-athlete's participation in the sport at the institution ends.
(2)
A postsecondary educational institution may impose reasonable limitations on the dates and time that a student-athlete may participate in publicity rights activities.
(3)
Nothing in this chapter shall restrict a postsecondary educational institution from exercising its sole discretion to control the authorized use of its marks or logos or to determine a student-athlete's apparel, gear or other wearables while participating in an intercollegiate athletics program activity.
(4)
A student-athlete may not receive or enter into a contract for compensation for the use of his or her publicity rights in a way that also uses any registered or licensed marks, logos, verbiage or designs of a postsecondary educational institution, unless the institution has provided the student-athlete with written permission to do so prior to entering into the agreement or receipt of compensation.
(5)
If a student-athlete is granted permission to use the marks or logos, independently or through a third party, the postsecondary educational institution may be compensated for the use. A postsecondary educational institution may prohibit a student-athlete from wearing any item of clothing, shoes, or other gear or wearables with the name, logo or insignia of any third party while participating in an intercollegiate athletics program activity.
(6)
A third party may not enter into, or offer to enter into, a publicity rights agreement with a student-athlete or otherwise compensate a student-athlete for the use of the student-athlete's publicity rights if a provision of the agreement or the use of the student-athlete's publicity rights conflicts with a provision of a contract, rule, regulation, standard or other requirement of the postsecondary educational institution where the student-athlete is enrolled or intends to enroll unless such contract or use is expressly approved in writing by the postsecondary educational institution.
(7)
No student-athlete who is enrolled in a postsecondary educational institution shall enter into a publicity rights agreement or receive compensation from a third party for the endorsement or promotion of brands, products, or services involving gambling, sports betting, controlled substances, marijuana, tobacco, alternative or electronic nicotine product or delivery system, alcohol, adult entertainment or any other brand, product or service that is reasonably considered to be inconsistent with the values or mission of a postsecondary educational institution or that, in the institution's sole judgment, negatively impacts or reflects adversely on a postsecondary education institution or its athletic programs, including, without limitation, bringing about public disrepute, embarrassment, scandal, ridicule or otherwise negatively impacting the reputation or the moral or ethical standards of the postsecondary educational institution.
(8)
Nothing in this chapter shall be construed to qualify a student-athlete as an employee of a postsecondary educational institution.
(9)
No postsecondary educational institution may use funds appropriated from the State General Fund to compensate a student-athlete for their publicity rights.
Amended by Laws, 2024, ch. 378, SB 2417,§ 4, eff. 4/18/2024.
Amended by Laws, 2022, ch. 455, SB 2690,§ 3, eff. 4/18/2022.
Added by Laws, 2021, ch. 444, SB 2313,§ 4, eff. 7/1/2021.