APPROVED CHAPTER
MARCH 31, 2022 544
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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S.P. 663 - L.D. 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:
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(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.
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