An Act Regarding the Use of a Student Athlete's Name, Image, Likeness or Autograph
Maine Legislature, Session 130, LD 1893
Committee: Education and Cultural Affairs
Sponsors: LUCHINI, BRENNAN

Legislative Document
No. 1893
S.P. 663
In Senate, January 5, 2022
An Act Regarding the Use of a Student Athlete's Name, Image, 
Likeness or Autograph
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Cosponsored by Representative: BRENNAN of Portland.
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.  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.
3.  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 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
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.
§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.  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.
§12975.  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.