Section 37-97-105 - Student-athletes may earn compensation for the use of their publicity rights; exceptions; participation in intercollegiate athletics program does not make student-athlete an employee or independent contractor of association, conference or postsecondary educational institution(1) A postsecondary educational institution or any officer, trustee, or employee, of a postsecondary educational institution, shall have the right to, directly or through an agreement with a third party, identify, create, solicit, facilitate, negotiate, support, assist and otherwise enable opportunities for a student-athlete to earn or attempt to earn compensation for the use of the student-athlete's publicity rights. Such right shall include, without limitation, the right to discuss with a student-athlete the potential to earn compensation for their publicity rights if they attend the postsecondary educational institution. Provided that a postsecondary educational institution or any officer, trustee, or employee, of a postsecondary educational institution does not:(a) Receive compensation from the student-athlete for facilitating, enabling, or assisting with such opportunities;(b) Attempt to influence a student-athlete's choice of professional representation related to such opportunities; or(c) Attempt in bad faith to reduce such student-athlete's opportunities from competing third parties.(2) A third party shall have the right to compensate a student-athlete for the use of the student-athlete's publicity rights. This shall include the right to compensate the student-athlete for the use of the student-athlete's publicity rights in connection with the promotion of an athletic event in which the student-athlete may participate, the promotion of the postsecondary educational institution the student-athlete attends, and the promotion of the postsecondary educational institution's intercollegiate athletics programs.(3) A postsecondary educational institution or officer, trustee, or employee of a postsecondary institution shall have the right to compensate a student-athlete for the use of the student-athlete's publicity rights to the extent consistent with any legally enforceable rules of a national association, a conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics applicable to that institution. Before any agreement for compensation for the use of a student-athlete's publicity rights is entered into, and before any compensation is provided to the student-athlete, a postsecondary educational institution may require a student-athlete enrolled at that institution or who has announced an intention to attend that institution, to disclose the agreement or the terms thereof to a designated official of the postsecondary educational institution in which the student-athlete is enrolled or intends to enroll in a manner prescribed by the institution. Student-athlete agreements, proposed agreements and any documents that compile, summarize or disclose any of the terms of such agreements shall be exempt from the Mississippi Public Records Act of 1983. Postsecondary educational institutions and student-athletes shall not be compelled to disclose student-athlete agreements, proposed agreements and any documents that compile, summarize or disclose any of the terms of such agreements to a national association, a conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics.
Amended by Laws, 2024, ch. 378, SB 2417,§ 3, eff. 4/18/2024.Amended by Laws, 2022, ch. 455, SB 2690,§ 2, eff. 4/18/2022.Added by Laws, 2021, ch. 444, SB 2313,§ 3, eff. 7/1/2021.