Bill > HB2576

This bill establishes a comprehensive framework for Name, Image, and Likeness (NIL) rights for student-athletes in West Virginia's higher education institutions. The legislation defines key terms such as "name, image, or likeness" (which includes a broad range of personal characteristics and intellectual property rights) and "compensation" (excluding scholarships and standard athletic benefits). Institutions are authorized to enter into agreements that allow student-athletes to earn money from their NIL, share athletic department revenues, and help athletes negotiate NIL opportunities, while explicitly preventing student-athletes from being classified as employees. The bill prohibits athletic associations or conferences from penalizing student-athletes or institutions for NIL activities and restricts student-athletes from earning compensation for endorsements related to alcohol, adult entertainment, drugs, tobacco, cannabis, performance-enhancing substances, and gambling. Additionally, the legislation provides legal protections by allowing student-athletes to seek injunctive relief if they are aggrieved by actions that violate the NIL provisions and enables institutions to recover damages if they face adverse actions from athletic organizations for complying with the law. The bill aims to give student-athletes more economic freedom while maintaining certain ethical boundaries around their commercial opportunities.