Maine NIL Law for NCAA

On January 5, 2022, Maine introduced a Name, Image, Likeness (NIL) law for their colleges and institutions. At this point, the bill has not successfully made its way through the House & the Senate, nor has it received Governor approval, and does not have a tentative effective date if signed into law. If passed, Legislative Document 1893 will allow intercollegiate student-athletes the ability to earn compensation for the use of their NIL.

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Bill
Status

Proposed Bill

Effective
Date

TBD

NCAA
Institutions

Estimated
NCAA Athletes

4,200

High School
NIL Legislation

Yes

Last Updated 08/22/22

Maine NIL Law

This bill was introduced to Maine’s Legislative Council in early-January 2021, and is still in the process of being turned into a law. The following components have been proposed by the Bill:

Definitions

College or university. “College or university” means a postsecondary educational institution in the State, including:
1. A degree-granting educational institution regulated under chapter 409;
2. A university in the University of Maine System;
3. A college in the Maine Community College System; and
4. The Maine Maritime Academy.
Institutional contract. “Institutional contract” means a contract between a college or university or its designated representative and an external party that includes a sponsorship agreement governing the use of the college or university’s trademarks in connection with athletics.
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.

Prohibitions

Actions by colleges or universities. A college or university may not:
1. 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;
2. Disqualify a student athlete who is participating in an intercollegiate athletic program at a college or university from receiving a scholarship, grant or similar financial assistance 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; or
3. 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.

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.

Employment status

A student athlete may not be considered an employee of the college or university that the student athlete attends based on the student athlete’s participation in the intercollegiate athletic program and may not receive any benefits accruing to a college or university employee.

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.

SUMMARY

This bill 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. The bill also permits the student athlete to earn compensation from the sale of the student athlete’s autograph. The bill stipulates that a student athlete may not be considered an employee of a college or university based on the student athlete’s participation in athletics. The bill prohibits a group or organization with authority over intercollegiate athletics from preventing a college or university from participating in intercollegiate athletics in this State as a result of student athletes at the college or university earning compensation for the use of their 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
University of Maine at Farmington
University of Maine at Presque Isle
Maine Maritime Academy
University of New England
Saint Joseph’s College of Maine
University of Southern Maine
Thomas College

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