Sections pertaining to name, image and likeness (NIL) benefits have been added the the KHSAA bylaws for 2023-24.
Below are the bylaws pertaining to NIL for the KHSAA.
SEC. 3) RESTRICTIONS AND ALLOWANCES ON THE USE OF NAME, IMAGE AND LIKENESS BY PARTICIPANTS AND SCHOOLS
a) Definitions used in this section:
(1) “Compensation” means anything of value, monetary or otherwise, including but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or state law, and any other form of payment or remuneration, but shall exclude the payment of wages and benefits to a student athlete for work actually performed, but not for athletic ability, or participation at a rate commensurate with the prevailing rate for similar work in the locality of the member school;
(2) “Name” means the first, middle, or last name, or nickname of the student athlete when used in a context that reasonably identifies the student athlete with particularity, which may include a team number, symbol, logo, or brand;
(3) “Image” means a picture or video of the student athlete;
(4) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities;
(5) “Likeness” means a physical, digital, or other depiction or representation of the student athlete;
(6) “Prevailing market rate” means a rate that is tethered to the value of the consideration the student athlete that is reasonable based on a comparison with students and student athletes in that area;
(7) “Student-athlete” means an individual who is eligible to attend a member school and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. “Student-athlete” does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
(8) “School Intellectual property” means trademarks (past and present, to include official and unofficial logos whether officially filed or not), school owned or other facilities regularly utilized for practice of competition, school uniforms, school identifying apparel (whether issued by the school or not), and copyrights;
(9) “Association intellectual property” means the logos (past and present, to include official and unofficial logos whether officially filed or not) of the KHSAA or any of its events; including past audio, video and still images.
b) Restriction on Member Schools of the KHSAA regarding compensation
(1) No member school shall grant a student athlete the right to use the member school’s intellectual property, such as trademarks, school uniforms, and copyrights, in the student’s earning of compensation through name, image, and likeness activities.
(2) No student-athlete shall use such intellectual property in earning compensation through name, image, and likeness activities.
c) Clarifications for this section:
(1) It is not a violation of Bylaw 10 and its amateur provisions for an enrolled student-athlete to receive compensation for: a. work at camps, clinics and instruction that is paid at a prevailing market rate; b. product or business endorsements not using the intellectual property of a member school; c. compensation for activities at a prevailing market rate for activity using the name, image and likeness that does not utilize school or association intellectual property; d. compensation for social media activities that do not utilize school or association intellectual property.
(2) It is a violation of Bylaw 10 for any student-athlete to receive compensation directly related to specific ability, performance or contest results (actual or speculative) or to receive compensation in violation of Sec. 1 or Sec. 2 above.
(3) The Board of Control And The Commissioner Shall Develop And Maintain Policies Surrounding Businesses That May Be Involved With In The Compensation Of Student-Athletes Guided By Existing Policies Relative To Advertising And Sponsorship Sales By The Association, And Shall Regularly Communicate This Information To The Member Schools For Distribution.
SEC. 4) PENALTY
a) Any violation of this bylaw may have any or all penalties detailed in Bylaw 27 applied as part of the final dispensation of the matter, including a period of ineligibility.
b) Appeals or other considerations under this bylaw shall be considered Hearing Officer matters under the KHSAA Due Process Procedure.
f) An individual with a connection to a member school shall not give or promise a prospective or currently enrolled student-athlete compensation for the use of the name, image, or likeness of to recruit or induce the athlete to enroll at any member school.
g) An individual with a connection to a member school shall not give or promise compensation for the use of an athlete’s name, image, or likeness;