Maryland’s NIL Law - The Jordan McNair Safe and Fair Play Act

Summary:  No institution of public higher education in Maryland may uphold any rule that prevents a student athlete from earning compensation from the use of their name, image and likeness (NIL).  Effective July 1, 2023

Overview

For years people have debated whether or not college athletes have a right to earn money from what they do.  Well the public’s sentiment, and the sentiments of lawmakers, have begun to weigh in on that debate.

Dozens of states have already enacted, or are in the process of enacting, laws that allow college athletes to earn money from commercial activities, endorsements, their own businesses, autographs, and more…with some restrictions in place.

The earliest of those laws are set to go into effect July 1, 2021—in states such as: Florida, Mississippi, Alabama, Tennessee and New Mexico.

The state of Maryland has weighed in with a law that allows athletes in college to begin receiving compensation, in certain ways, starting July 1, 2023.

The Public Institutions of Higher Education – Student Athletes (Jordan McNair Safe and Fair Play Act) was signed into law in May of 2021 in Maryland.

The Jordan McNair Safe and Fair Play Act is separated into two sections: health and safety and allowing fair compensation for college athletes in Maryland.

Guidelines and Safety Regulations

Under the area of health and safety the acts declares that “Meeting the educational needs of student athletes should be the priority for intercollegiate athletic programs” in Maryland.  Also, that “Providing adequate health and safety protection for student athletes can help prevent serious injury and death.”  

Athletic programs must now adopt and implement guidelines that prevent and treat serious sports-related conditions including:

• brain injury;

• heart illness; and 

• rhabdomyolysis 

Programs must also adopt and implement exercise and supervision guidelines for any student athlete who is identified with potential life-threatening health conditions, including:

• sickle-cell trait and

• asthma

Jordan McNair was a McDonogh high school football player, who was an outstanding offensive lineman at the University of Maryland.  During a practice in his sophomore year, the coaches conducted a conditioning practice under extreme heat and humidity—it was determined that the entire situation was not managed properly and Jordan McNair collapsed due to a heat stroke.  He died two weeks later and the University of Maryland came under great scrutiny.  This law recognizes the need to put safety first, in athletic competition, and to have guidelines in place to address health situations should be required by law.

This portion of the law goes into effect July 1, 2021.

Compensation for Student Athletes

The law further states that any public institution of higher education in Maryland may not uphold any rule that prevents a student athlete from making money from their own name, image and likeness.

This speaks right to the heart of the matter and says, just as other students can earn money for their talents and abilities (even while on a scholarship in college), so can student athletes.

The act goes on to state that:

• A school may not reduce or rescind a student’s athletic scholarship because that student earns compensation from the use of their name, image or likeness;

• An athletic association (including the NCAA) may not prevent a student from earring compensation from the use of their name, image or likeness.

However, there are some caveats:

• A school or athletic association (or authority) may not provide compensation to a prospective athlete in relation to the name, image and likeness of that athlete; and

• A school or athletic association may not prevent a student athlete from obtaining representation as it relates to contracts or legal matters.

The Details

• An athletic program’s contract may not prevent a student from earning compensation, for commercial purposes, when the student is not engaged in official team activities.

• A student athlete can not enter into a contract that has a provision that is in conflict with a provision of an athletic program’s contract.

• A student athlete must disclose any contracts for compensation, related to their name, image or likeness, to the school for which they play.

Students are not granted the right to make use of the names, logos or intellectual property of the colleges they attend, for commercial purposes.

These regulations go into effect on July 1, 2023 in Maryland.  Other actions by the federal government may cause things to speed up if national legislation is adopted.