AB 1048

This bill creates certain restrictions on higher education institutions, including

the Board of Regents of the University of Wisconsin System and its institutions, the

Technical College System Board, district boards, and technical colleges, and private

colleges (collectively, “institutions”); student athletes; student organization

members; and students' professional representatives in relation to compensation for

the use of student athletes' and student organization members' name, image, or

likeness. In the bill, “student athlete” is defined to mean a student at an institution

who participates in an intercollegiate sport. “Intercollegiate sport” is defined as a

sport played at the collegiate level for which eligibility requirements for

participation are established by an athletic organization, but does not include a

recreational, intramural, or club sport. “Student organization member” is defined

to mean a student at an institution who participates in an institution-affiliated

student organization.

The bill requires institutions to ensure that 1) no institution requirement

prevents a student athlete or student organization member from receiving

compensation on the basis of the student's name, image, or likeness; 2) any money

or item of value received by a student athlete or student organization member for the

student's name, image, or likeness is considered compensation and does not affect

the student's receipt of a scholarship from the institution; 3) neither an institution

nor any person related to or benefiting an institution compensates or promises future

compensation to a prospective student athlete for the prospective student athlete's

name, image, or likeness; 4) an institution does not compensate or cause

compensation to be directed to a student athlete or student organization member for

the use of the student's name, image, or likeness; 5) a prospective student athlete or

student athlete not be prevented by a contract between the prospective student

athlete or student athlete and the institution from using the prospective student

athlete's or student athlete's name, image, or likeness for a commercial purpose

when the prospective student athlete or student athlete is not engaged in an official

team activity; 6) any contract between an institution and a prospective student

athlete or student athlete allows the institution and any organization with relevant

authority over intercollegiate athletics to use the prospective student athlete's or

student athlete's name, image, or likeness for advertising and marketing purposes

without paying additional compensation to the prospective student athlete or

student athlete; 7) a student athlete or student organization member may obtain

professional representation in relation to a name, image, or likeness contract or legal

matter; and 8) that each institution create a written policy for how it will respond to

a situation in which a student athlete or student organization member at the

institution violates the bill's prohibition on a student athlete or student organization

member earning name, image, or likeness compensation in connection with certain

goods or services.