Maine NIL Law for NCAA

On May 31, 2022, Maine passed a Name, Image, Likeness (NIL) law for their colleges and institutions. Connecticut will see the legislation go live, effective immediately. Governor Janet Mills Legislative Document 1893 allowing intercollegiate student athletes the ability to earn compensation for the use of their NIL.

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Bill
Status

Signed into Law

Effective
Date

March 31, 2022

NCAA
Institutions

Estimated
NCAA Athletes

4,200

High School
NIL Legislation

Yes

Last Updated 08/22/22

Maine NIL Law

Legislative Document 1893

An Act Regarding the Use of a Student Athlete’s Name, Image, Likeness, or Autograph

Be it enacted by the People of the State Of Maine as follows:

Sec. 1. 20-A MRSA c. 443 is enacted to read:

CHAPTER 443

STUDENT ATHLETES

§12971. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. College or university. “College or university” means a postsecondary educational institution in the State, including:

A. A degree-granting educational institution regulated under chapter 409;

B. A university in the University of Maine System;

C. A college in the Maine Community College System; and

D. The Maine Maritime Academy.

2. Team contract. “Team contract” means a contract between a student athlete and a college or university and includes any rules or expectations of the college or university’s athletic department or head coach that require a student athlete’s compliance as a condition under the contract of participation as a member of the intercollegiate athletic program.

§12972. Prohibitions

1. Actions by colleges or universities. A college or university may not:

A. Adopt or enforce a policy, requirement, standard or limitation that prohibits or otherwise prevents a student athlete who is participating in an intercollegiate athletic program at the college or university from:

(1) Earning compensation for the use of the student athlete’s name, image or likeness when the student athlete is not engaged in official team activities; or

(2) Obtaining professional representation, including representation by an attorney, for contracts or other legal matters relating to the use of the student athlete’s name, image or likeness;

B. Disqualify a student athlete who is participating in an intercollegiate athletic program at a college or university from receiving a full scholarship based on athletics awarded by the college or university because the student athlete:

(1) Earns compensation from the use of the student athlete’s name, image or likeness when the student athlete is not engaged in official team activities; or

(2) Obtains professional representation, including representation by an attorney, for contracts or other legal matters relating to use of the student athlete’s name, image or likeness.

For purposes of this paragraph, “full scholarship” means a scholarship that covers the full cost of attendance at that college or university, including but not limited to tuition, room and board; or

C. Prescribe a team contract for an intercollegiate athletic program that prohibits or otherwise prevents a student athlete from using the student athlete’s name, image or likeness for a commercial purpose when the student athlete is not engaged in official team activities.

For the purposes of this subsection, a college or university determines what behavior constitutes official team activities at that college or university.

2. Construction. This section may not be construed to limit a college or university from adopting or enforcing a policy, requirement, standard or limitation that establishes conditions by which a student athlete may monetize the student athlete’s name, image or likeness, including a policy, requirement, standard or limitation that prohibits a student athlete’s use of a college or university trademark, logo or facility or prohibits a student athlete’s use of the student athlete’s name, image or likeness in a manner that is inconsistent with a college or university code of conduct or other college or university policy.

§12973. Autographs

A student athlete may earn compensation from selling the student athlete’s autograph in a manner that does not otherwise conflict with a provision of this chapter.

§12974. University participation in intercollegiate athletics

An athletic association, conference or other group or organization with authority over intercollegiate athletics may not prevent in this State a college or university from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student’s athlete’s name, image or likeness.

Tax Implications

FAQ’s

Maine NIL FAQ’s

What is the Maine NIL Law?

The Maine NIL Law is a bill that prohibits a college or university from preventing a student athlete from making certain contracts regarding or earning money from the use of the student athlete’s name, image or likeness or providing compensation for a prospective student athlete’s name, image or likeness.

When does Maine NIL Compliance Start?

Maine NIL started on July 1, 2021, per the NCAA Interim Policies. If and when Legislative Document 1893 is passed into law, Maine State NIL laws would take effect according to the date specified in the legislation.

How does Maine NIL affect NCAA Student-Athletes?

Maine NCAA Student-Athletes will be able to earn compensation for the use of her or his name, image, or likeness (NIL) through a multitude of different opportunities. Student-Athletes can now make money for things such as endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, and many more!

What are Maine Name, Image, and Likeness Best Practices?

Both athletes and administrators in the State of Maine should start by making sure they have a proper understanding of the rules and regulations set-forth by Legislative Document 1893. A working-knowledge of the ‘Dos and Don’ts’ for Maine NIL will allow all parties to safely and successfully navigate the new landscape. The next most important aspect would be the compliance component of NIL. Not only do students need to make sure they are entering agreements that are compliant with the passed state regulations, but they need to make sure they are transparent with their school to avoid any institutional conflicts.

Colleges / Institutions

NCAA Maine Schools

What schools are affected by Maine NIL?

All institutions with NCAA athletic programs are affected by NIL. In the state of Maine, the following schools will be affected:

University of Maine

Bates College
Bowdoin College
Colby College
Husson University
Maine Maritime Academy
Saint Joseph’s College of Maine
Thomas College
University of Maine at Presque Isle
University of Maine at Farmington
University of New England
University of Southern Maine

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