{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-408.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-408.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-408.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-408.1.html"}],"law_id":54486,"edition_id":1,"section_id":54486,"structure_id":13517,"section_number":"23.1-408.1","catch_line":"Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness","history":"2022, cc. 510, 638; 2024, c. 837.","full_text":"A\n\nAs used in this section:\n\t\t\t“Athlete agent” means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1.\n\t\t\t“Attorney” means an attorney licensed to practice law in the Commonwealth.\n\t\t\t“Compensation” means any type of remuneration or anything of value. “Compensation” does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.\n\t\t\t“Institution” means a private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education.\n\t\t\t“Student-athlete” means an individual enrolled at an institution who participates in intercollegiate athletics.\n\t\t\t“Student fees” means any fees assessed by an institution against a student that are used to support any of the institution’s intercollegiate athletics programs.B\n\nNo institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:1\n\nProhibit or prevent a student-athlete from earning compensation for the use of his name, image, or likeness, except as otherwise permitted in this section;2\n\nProhibit or prevent a student-athlete from obtaining professional representation by an athlete agent or legal representation by an attorney in connection with issues related to name, image, or likeness;3\n\nDeclare a student-athlete ineligible for intercollegiate athletic competition because he earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness; or4\n\nReduce, cancel, revoke, or not renew an athletic scholarship because a student-athlete earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness.C\n\nNo athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:1\n\nProhibit or prevent an institution from becoming a member of the association, conference, or organization or participating in intercollegiate athletics sponsored by such association, conference, or organization as a consequence of any student-athlete earning compensation for the use of his name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness;2\n\nEntertain a complaint, open an investigation, or take any other adverse action against an institution, its supporting foundations, or an entity acting on its behalf, for activity permitted under this section;3\n\nPenalize an institution or a student-athlete or prevent an institution or a student-athlete from participating in intercollegiate athletics because an individual or entity whose purpose includes supporting or benefiting the institution or student-athletes violates its rules or regulations concerning name, image, or likeness;4\n\nPrevent an institution from compensating a student-athlete for the use of his name, image, or likeness; or5\n\nPrevent an institution, its supporting foundations, or an entity acting on its behalf from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete.D\n\nEach institution shall develop and submit to the institution’s governing board or similar governing body for approval institutional policies or procedures that govern the compensation of a student-athlete for the use of his name, image, or likeness. Such institutional policies or procedures shall not inhibit a student-athlete from participating in activities that are not related to intercollegiate athletics, as long as participation in such activities has no impact on the student-athlete’s eligibility for intercollegiate athletics. Each institution may enforce such approved policies or procedures and the provisions of this section. No student fees shall be used to compensate student-athletes for the use of their name, image, or likeness.E\n\nAn institution may provide assets, resources, or benefits as an incentive to individuals, companies, or other entities to provide money, benefits, opportunities, or services to an outside entity that supports name, image, or likeness opportunities for the institution’s student-athletes.F\n\nNo student-athlete shall earn compensation for the use of his name, image, or likeness in connection with any of the following:1\n\nAlcohol and alcoholic beverages;2\n\nAdult entertainment;3\n\nCannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;4\n\nControlled substances, as defined in § 54.1-3401;5\n\nPerformance enhancing drugs or substances such as steroids or human growth hormone;6\n\nDrug paraphernalia, as defined in § 18.2-265.1;7\n\nTobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;8\n\nWeapons, including firearms and ammunition for firearms; and9\n\nCasinos or gambling, including sports betting.G\n\nAn institution may prohibit a student-athlete from earning compensation for the use of his name, image, or likeness while the student-athlete is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other athletic department activities.H\n\nNo student-athlete shall use an institution’s facilities; apparel; equipment; uniforms; or intellectual property, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of his name, image, or likeness, unless otherwise permitted by the institution.I\n\nPrior to executing an agreement concerning the use of his name, image, or likeness, a student-athlete shall disclose such agreement to the institution at which he is enrolled in a manner designated by the institution. If a student-athlete discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete.J\n\nAn institution may prohibit a student-athlete from using his name, image, or likeness to earn compensation if the proposed use conflicts with an existing institutional agreement or its institutional policies or procedures developed and approved pursuant to subsection D.K\n\nNo institution shall, except as otherwise permitted in this section, enter into, renew, or modify any agreement that prohibits a student-athlete from using his name, image, or likeness to earn compensation while the student-athlete is engaged in non-academic, unofficial team, or non-athletic department activities.L\n\nNothing in this section shall be construed to impact the employment status of a student-athlete or qualify a student-athlete as an employee of an institution solely because the student-athlete engages in name, image, or likeness opportunities.M\n\nAny student-athlete who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this section may bring an action for injunctive relief.N\n\nNo employee of an institution, its supporting foundations, or any entity acting on its behalf shall be liable for any damages to a student-athlete’s ability to earn compensation for the use of his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.O\n\nAn institution, its supporting foundations, or an entity acting on its behalf that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, athletic conference, or other organization with authority over intercollegiate athletics for engaging in activities permitted under this section may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity.","order_by":null,"text":{"0":{"id":200032,"text":"As used in this section:\n\t\t\t“Athlete agent” means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1.\n\t\t\t“Attorney” means an attorney licensed to practice law in the Commonwealth.\n\t\t\t“Compensation” means any type of remuneration or anything of value. “Compensation” does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.\n\t\t\t“Institution” means a private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education.\n\t\t\t“Student-athlete” means an individual enrolled at an institution who participates in intercollegiate athletics.\n\t\t\t“Student fees” means any fees assessed by an institution against a student that are used to support any of the institution’s intercollegiate athletics programs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200033,"text":"No institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":200034,"text":"Prohibit or prevent a student-athlete from earning compensation for the use of his name, image, or likeness, except as otherwise permitted in this section;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":200035,"text":"Prohibit or prevent a student-athlete from obtaining professional representation by an athlete agent or legal representation by an attorney in connection with issues related to name, image, or likeness;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":200036,"text":"Declare a student-athlete ineligible for intercollegiate athletic competition because he earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":200037,"text":"Reduce, cancel, revoke, or not renew an athletic scholarship because a student-athlete earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":200038,"text":"No athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"C1"},"7":{"id":200039,"text":"Prohibit or prevent an institution from becoming a member of the association, conference, or organization or participating in intercollegiate athletics sponsored by such association, conference, or organization as a consequence of any student-athlete earning compensation for the use of his name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":200040,"text":"Entertain a complaint, open an investigation, or take any other adverse action against an institution, its supporting foundations, or an entity acting on its behalf, for activity permitted under this section;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":200041,"text":"Penalize an institution or a student-athlete or prevent an institution or a student-athlete from participating in intercollegiate athletics because an individual or entity whose purpose includes supporting or benefiting the institution or student-athletes violates its rules or regulations concerning name, image, or likeness;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"10":{"id":200042,"text":"Prevent an institution from compensating a student-athlete for the use of his name, image, or likeness; or","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"11":{"id":200043,"text":"Prevent an institution, its supporting foundations, or an entity acting on its behalf from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"12":{"id":200044,"text":"Each institution shall develop and submit to the institution’s governing board or similar governing body for approval institutional policies or procedures that govern the compensation of a student-athlete for the use of his name, image, or likeness. Such institutional policies or procedures shall not inhibit a student-athlete from participating in activities that are not related to intercollegiate athletics, as long as participation in such activities has no impact on the student-athlete’s eligibility for intercollegiate athletics. Each institution may enforce such approved policies or procedures and the provisions of this section. No student fees shall be used to compensate student-athletes for the use of their name, image, or likeness.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"13":{"id":200045,"text":"An institution may provide assets, resources, or benefits as an incentive to individuals, companies, or other entities to provide money, benefits, opportunities, or services to an outside entity that supports name, image, or likeness opportunities for the institution’s student-athletes.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":200046,"text":"No student-athlete shall earn compensation for the use of his name, image, or likeness in connection with any of the following:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"15":{"id":200047,"text":"Alcohol and alcoholic beverages;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"16":{"id":200048,"text":"Adult entertainment;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"17":{"id":200049,"text":"Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"18":{"id":200050,"text":"Controlled substances, as defined in § 54.1-3401;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"19":{"id":200051,"text":"Performance enhancing drugs or substances such as steroids or human growth hormone;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"20":{"id":200052,"text":"Drug paraphernalia, as defined in § 18.2-265.1;","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"21":{"id":200053,"text":"Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"22":{"id":200054,"text":"Weapons, including firearms and ammunition for firearms; and","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"F9"},"23":{"id":200055,"text":"Casinos or gambling, including sports betting.","type":"section","prefixes":["F","9"],"prefix":"9","entire_prefix":"F9","prefix_anchor":"F9","level":2,"prior_prefix":"F8","next_prefix":"G"},"24":{"id":200056,"text":"An institution may prohibit a student-athlete from earning compensation for the use of his name, image, or likeness while the student-athlete is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other athletic department activities.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F9","next_prefix":"H"},"25":{"id":200057,"text":"No student-athlete shall use an institution’s facilities; apparel; equipment; uniforms; or intellectual property, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of his name, image, or likeness, unless otherwise permitted by the institution.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"26":{"id":200058,"text":"Prior to executing an agreement concerning the use of his name, image, or likeness, a student-athlete shall disclose such agreement to the institution at which he is enrolled in a manner designated by the institution. If a student-athlete discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"27":{"id":200059,"text":"An institution may prohibit a student-athlete from using his name, image, or likeness to earn compensation if the proposed use conflicts with an existing institutional agreement or its institutional policies or procedures developed and approved pursuant to subsection D.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"28":{"id":200060,"text":"No institution shall, except as otherwise permitted in this section, enter into, renew, or modify any agreement that prohibits a student-athlete from using his name, image, or likeness to earn compensation while the student-athlete is engaged in non-academic, unofficial team, or non-athletic department activities.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"29":{"id":200061,"text":"Nothing in this section shall be construed to impact the employment status of a student-athlete or qualify a student-athlete as an employee of an institution solely because the student-athlete engages in name, image, or likeness opportunities.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"30":{"id":200062,"text":"Any student-athlete who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this section may bring an action for injunctive relief.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"31":{"id":200063,"text":"No employee of an institution, its supporting foundations, or any entity acting on its behalf shall be liable for any damages to a student-athlete’s ability to earn compensation for the use of his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"32":{"id":200064,"text":"An institution, its supporting foundations, or an entity acting on its behalf that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, athletic conference, or other organization with authority over intercollegiate athletics for engaging in activities permitted under this section may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N"}},"ancestry":[{"id":13517,"edition_id":1,"name":"General Provisions","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":184849,"object_type":"structure","relational_id":13517,"identifier":"4","token":"23.1\/II\/4","url":"\/23.1\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; 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This law was first created in 2022. The record of its establishment is cataloged in chapters 510<\/a> and 638<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 837<\/a>.<\/p>","references":false,"refers_to":[{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"},{"id":61060,"section_number":"54.1-526","catch_line":"Definitions","order_by":null,"url":"\/54.1-526\/"}],"permalink":{"id":184907,"object_type":"law","relational_id":54486,"identifier":"23.1-408.1","token":"23.1\/II\/4\/23.1-408.1","url":"\/23.1-408.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-408.1\/","token":"23.1\/II\/4\/23.1-408.1","dublin_core":{"Title":"Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-408.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Athlete agent<\/span>” means an individual who holds a valid certificate of registration as an athlete agent<\/span> issued pursuant to Chapter 5.2 (§ 54.1-526<\/a> et seq.) of Title 54.1.\n\t\t\t“Attorney<\/span>” means an attorney<\/span> licensed to practice law<\/span> in the Commonwealth.\n\t\t\t“Compensation<\/span>” means any type of remuneration or anything of value. “Compensation<\/span>” does not include any (i) scholarship provided to a student-athlete<\/span> that covers some or all of the cost of attendance at an institution at which the student-athlete<\/span> is enrolled or (ii) benefit a student-athlete<\/span> may receive in accordance with the rules of the relevant athletic association or conference.\n\t\t\t“Institution” means a private institution of higher education<\/span>, associate-degree-granting public institution of higher education<\/span><\/span>, or baccalaureate public institution of higher education<\/span><\/span>.\n\t\t\t“Student-athlete<\/span>” means an individual enrolled at an institution who participates in intercollegiate athletics.\n\t\t\t“Student fees<\/span>” means any fees assessed by an institution against a student that are used to support any of the institution’s intercollegiate athletics programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prohibit or prevent a student-athlete<\/span> from earning compensation<\/span> for the use of his name, image, or likeness, except as otherwise permitted in this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prohibit or prevent a student-athlete<\/span> from obtaining professional representation by an athlete agent<\/span> or legal representation by an attorney<\/span> in connection with issues<\/span> related to name, image, or likeness; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Declare a student-athlete<\/span> ineligible for intercollegiate athletic competition because he earns compensation<\/span> for the use of his name, image, or likeness or obtains professional representation by an athlete agent<\/span> or attorney<\/span> in connection with issues<\/span> related to name, image, or likeness; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Reduce, cancel, revoke, or not renew an athletic scholarship because a student-athlete<\/span> earns compensation<\/span> for the use of his name, image, or likeness or obtains professional representation by an athlete agent<\/span> or attorney<\/span> in connection with issues<\/span> related to name, image, or likeness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prohibit or prevent an institution from becoming a member of the association, conference, or organization or participating in intercollegiate athletics sponsored by such association, conference, or organization as a consequence of any student-athlete<\/span> earning compensation<\/span> for the use of his name, image, or likeness or obtaining representation by an athlete agent<\/span> or attorney<\/span> in connection with issues<\/span> related to name, image, or likeness; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Entertain a complaint, open an investigation, or take any other adverse action against an institution, its supporting foundations, or an entity acting on its behalf, for activity permitted under this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Penalize an institution or a student-athlete<\/span> or prevent an institution or a student-athlete<\/span> from participating in intercollegiate athletics because an individual or entity whose purpose includes supporting or benefiting the institution or student-athletes<\/span> violates its rules or regulations concerning name, image, or likeness; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Prevent an institution from compensating a student-athlete<\/span> for the use of his name, image, or likeness; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Prevent an institution, its supporting foundations, or an entity acting on its behalf from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each institution shall develop and submit to the institution’s governing board<\/span> or similar governing body for approval institutional policies or procedures that govern the compensation<\/span> of a student-athlete<\/span> for the use of his name, image, or likeness. Such institutional policies or procedures shall not inhibit a student-athlete<\/span> from participating in activities that are not related to intercollegiate athletics, as long as participation in such activities has no impact on the student-athlete<\/span>’s eligibility for intercollegiate athletics. Each institution may enforce such approved policies or procedures and the provisions of this section. No student fees<\/span> shall be used to compensate student-athletes<\/span> for the use of their name, image, or likeness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An institution may provide assets<\/span>, resources, or benefits as an incentive to individuals, companies, or other entities to provide money, benefits, opportunities, or services to an outside entity that supports name, image, or likeness opportunities for the institution’s student-athletes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No student-athlete<\/span> shall earn compensation<\/span> for the use of his name, image, or likeness in connection with any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Alcohol and alcoholic beverages; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Adult entertainment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Controlled substances, as defined in § 54.1-3401<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Performance enhancing drugs or substances such as steroids or human growth hormone; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Drug paraphernalia, as defined in § 18.2-265.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Weapons, including firearms and ammunition for firearms; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Casinos or gambling, including sports betting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An institution may prohibit a student-athlete<\/span> from earning compensation<\/span> for the use of his name, image, or likeness while the student-athlete<\/span> is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service<\/span>, promotional activities, and other athletic department activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No student-athlete<\/span> shall use an institution’s facilities; apparel; equipment; uniforms; or intellectual property, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation<\/span> for the use of his name, image, or likeness, unless otherwise permitted by the institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Prior to executing an agreement concerning the use of his name, image, or likeness, a student-athlete<\/span> shall disclose such agreement to the institution at which he is enrolled in a manner designated by the institution. If a student-athlete<\/span> discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> An institution may prohibit a student-athlete<\/span> from using his name, image, or likeness to earn compensation<\/span> if the proposed use conflicts with an existing institutional agreement or its institutional policies or procedures developed and approved pursuant to subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> No institution shall, except as otherwise permitted in this section, enter into, renew, or modify any agreement that prohibits a student-athlete<\/span> from using his name, image, or likeness to earn compensation<\/span> while the student-athlete<\/span> is engaged in non-academic, unofficial team, or non-athletic department activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Nothing in this section shall be construed to impact the employment status of a student-athlete<\/span> or qualify a student-athlete<\/span> as an employee of an institution solely because the student-athlete<\/span> engages in name, image, or likeness opportunities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any student-athlete<\/span> who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this section may bring an action for injunctive relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> No employee of an institution, its supporting foundations, or any entity acting on its behalf shall be liable for any damages<\/span> to a student-athlete<\/span>’s ability to earn compensation<\/span> for the use of his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> An institution, its supporting foundations, or an entity acting on its behalf that is subjected to any actual or threatened complaint, investigation, penalty<\/span>, or other adverse action of an athletic association, athletic conference, or other organization with authority over intercollegiate athletics for engaging in activities permitted under this section may bring an action to recover actual damages<\/span> and reasonable attorney<\/span> fees and may seek injunctive relief and any other remedy available at law<\/span> or in equity<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERCOLLEGIATE ATHLETICS; STUDENT-ATHLETES; COMPENSATION AND REPRESENTATION FOR\nNAME, IMAGE, OR LIKENESS (\u00a7 23.1-408.1)\n\nA. As used in this section:\n\t\t\t“Athlete agent” means an individual who holds a valid certificate\nof registration as an athlete agent issued pursuant to Chapter 5.2 (§\n54.1-526 et seq.) of Title 54.1.\n\t\t\t“Attorney” means an attorney licensed to practice law in the\nCommonwealth.\n\t\t\t“Compensation” means any type of remuneration or anything of\nvalue. “Compensation” does not include any (i) scholarship provided\nto a student-athlete that covers some or all of the cost of attendance at an\ninstitution at which the student-athlete is enrolled or (ii) benefit a\nstudent-athlete may receive in accordance with the rules of the relevant\nathletic association or conference.\n\t\t\t“Institution” means a private institution of higher education,\nassociate-degree-granting public institution of higher education, or\nbaccalaureate public institution of higher education.\n\t\t\t“Student-athlete” means an individual enrolled at an institution\nwho participates in intercollegiate athletics.\n\t\t\t“Student fees” means any fees assessed by an institution against\na student that are used to support any of the institution’s\nintercollegiate athletics programs.\n\nB. No institution or agent thereof, athletic association, athletic conference,\nor other organization with authority over intercollegiate athletics shall:\n\n 1. Prohibit or prevent a student-athlete from earning compensation for the use\n of his name, image, or likeness, except as otherwise permitted in this\n section;\n\n 2. Prohibit or prevent a student-athlete from obtaining professional\n representation by an athlete agent or legal representation by an attorney in\n connection with issues related to name, image, or likeness;\n\n 3. Declare a student-athlete ineligible for intercollegiate athletic\n competition because he earns compensation for the use of his name, image, or\n likeness or obtains professional representation by an athlete agent or\n attorney in connection with issues related to name, image, or likeness; or\n\n 4. Reduce, cancel, revoke, or not renew an athletic scholarship because a\n student-athlete earns compensation for the use of his name, image, or likeness\n or obtains professional representation by an athlete agent or attorney in\n connection with issues related to name, image, or likeness.\n\nC. No athletic association, athletic conference, or other organization with\nauthority over intercollegiate athletics shall:\n\n 1. Prohibit or prevent an institution from becoming a member of the\n association, conference, or organization or participating in intercollegiate\n athletics sponsored by such association, conference, or organization as a\n consequence of any student-athlete earning compensation for the use of his\n name, image, or likeness or obtaining representation by an athlete agent or\n attorney in connection with issues related to name, image, or likeness;\n\n 2. Entertain a complaint, open an investigation, or take any other adverse\n action against an institution, its supporting foundations, or an entity acting\n on its behalf, for activity permitted under this section;\n\n 3. Penalize an institution or a student-athlete or prevent an institution or a\n student-athlete from participating in intercollegiate athletics because an\n individual or entity whose purpose includes supporting or benefiting the\n institution or student-athletes violates its rules or regulations concerning\n name, image, or likeness;\n\n 4. Prevent an institution from compensating a student-athlete for the use of\n his name, image, or likeness; or\n\n 5. Prevent an institution, its supporting foundations, or an entity acting on\n its behalf from identifying, creating, negotiating, facilitating, supporting,\n engaging with, assisting with, or otherwise enabling a name, image, or\n likeness opportunity for a student-athlete.\n\nD. Each institution shall develop and submit to the institution’s\ngoverning board or similar governing body for approval institutional policies or\nprocedures that govern the compensation of a student-athlete for the use of his\nname, image, or likeness. Such institutional policies or procedures shall not\ninhibit a student-athlete from participating in activities that are not related\nto intercollegiate athletics, as long as participation in such activities has no\nimpact on the student-athlete’s eligibility for intercollegiate athletics.\nEach institution may enforce such approved policies or procedures and the\nprovisions of this section. No student fees shall be used to compensate\nstudent-athletes for the use of their name, image, or likeness.\n\nE. An institution may provide assets, resources, or benefits as an incentive to\nindividuals, companies, or other entities to provide money, benefits,\nopportunities, or services to an outside entity that supports name, image, or\nlikeness opportunities for the institution’s student-athletes.\n\nF. No student-athlete shall earn compensation for the use of his name, image, or\nlikeness in connection with any of the following:\n\n 1. Alcohol and alcoholic beverages;\n\n 2. Adult entertainment;\n\n 3. Cannabis, cannabinoids, cannabidiol, or other derivatives, not including\n hemp or hemp products;\n\n 4. Controlled substances, as defined in § 54.1-3401;\n\n 5. Performance enhancing drugs or substances such as steroids or human growth\n hormone;\n\n 6. Drug paraphernalia, as defined in § 18.2-265.1;\n\n 7. Tobacco, tobacco products, alternative nicotine products, nicotine vapor\n products, and similar products and devices;\n\n 8. Weapons, including firearms and ammunition for firearms; and\n\n 9. Casinos or gambling, including sports betting.\n\nG. An institution may prohibit a student-athlete from earning compensation for\nthe use of his name, image, or likeness while the student-athlete is engaged in\nacademic, official team, or athletic department activities, including class,\ntutoring, competition, practice, travel, academic services, community service,\npromotional activities, and other athletic department activities.\n\nH. No student-athlete shall use an institution’s facilities; apparel;\nequipment; uniforms; or intellectual property, including logos, indicia,\nregistered and unregistered trademarks, and products protected by copyright, for\nany opportunity to earn compensation for the use of his name, image, or\nlikeness, unless otherwise permitted by the institution.\n\nI. Prior to executing an agreement concerning the use of his name, image, or\nlikeness, a student-athlete shall disclose such agreement to the institution at\nwhich he is enrolled in a manner designated by the institution. If a\nstudent-athlete discloses a potential agreement that conflicts with an existing\ninstitutional agreement, the institution shall disclose the relevant terms of\nthe conflicting agreement to the student-athlete.\n\nJ. An institution may prohibit a student-athlete from using his name, image, or\nlikeness to earn compensation if the proposed use conflicts with an existing\ninstitutional agreement or its institutional policies or procedures developed\nand approved pursuant to subsection D.\n\nK. No institution shall, except as otherwise permitted in this section, enter\ninto, renew, or modify any agreement that prohibits a student-athlete from using\nhis name, image, or likeness to earn compensation while the student-athlete is\nengaged in non-academic, unofficial team, or non-athletic department activities.\n\nL. Nothing in this section shall be construed to impact the employment status of\na student-athlete or qualify a student-athlete as an employee of an institution\nsolely because the student-athlete engages in name, image, or likeness\nopportunities.\n\nM. Any student-athlete who is aggrieved by any action of an institution or agent\nthereof, athletic association, athletic conference, or other organization with\nauthority over intercollegiate athletics in violation of any provision of this\nsection may bring an action for injunctive relief.\n\nN. No employee of an institution, its supporting foundations, or any entity\nacting on its behalf shall be liable for any damages to a\nstudent-athlete’s ability to earn compensation for the use of his name,\nimage, or likeness resulting from decisions and actions routinely taken in the\ncourse of intercollegiate athletics.\n\nO. An institution, its supporting foundations, or an entity acting on its behalf\nthat is subjected to any actual or threatened complaint, investigation, penalty,\nor other adverse action of an athletic association, athletic conference, or\nother organization with authority over intercollegiate athletics for engaging in\nactivities permitted under this section may bring an action to recover actual\ndamages and reasonable attorney fees and may seek injunctive relief and any\nother remedy available at law or in equity.\n\nHISTORY: 2022, cc. 510, 638; 2024, c. 837.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}