Application of Michigan’s NILE Law | Bodmann

Additional Changes to NIL Laws for Michigan Student Athletes – Effective December 31, 2022, House Bill 5217 officially establishes parameters for how student athletes earn compensation for use of their name, likeness and likeness (“NIL”) be able. in Michigan. Compliance is critical as this new NIL era begins. To avoid institutional conflict, student-athletes, college and university administrators, and corporations entering into NIL deals in Michigan must not only ensure that the terms of the agreement comply with National Collegiate Athletic Association (“NCAA”) rules, but regulations also with the regulations enacted in the state of Michigan.

In order to enter into a NIL agreement that complies with all applicable laws and regulations, student athletes, college and university administrators, and businesses alike must understand how the various NIL laws and regulations interact. In order to enable all parties to successfully navigate Michigan’s new landscape of NIL deals, it is vital that they have a working knowledge of the “dos and don’ts” of House Bill 5217.

As part of Bodman’s ongoing series on NCAA NIL regulations, below is an introductory checklist for every Michigan student-athlete and NCAA Michigan college or university administrator to consider Michigan’s new NIL laws when considering one Enter NIL deal:

colleges and universities are forbidden:

  • Prevent a student-athlete from competing in intercollegiate athletics competitions because they earned compensation from a NIL deal;
  • Prevent a student-athlete from getting professional representation;
  • Payment of student-athlete compensation directly for use of their NIL rights;
  • Revocation or reduction of a student-athlete’s athletic scholarship for having earned compensation from a NIL deal; and
  • Entering into sponsorship deals that prevent student-athletes from starting their own independent NIL businesses.

student-athletes are:

  • It is prohibited to engage in NIL business that would require the student-athlete to promote a sponsor or display a sponsor’s attire during official team activities resulting in a conflict with a college or university sponsor;
  • Required to disclose NIL opportunities to relevant university officials at least 7 days prior to defining the opportunity;
  • Restricted to Michigan state licensed recruiters and attorneys;
  • You are not granted any right to use the name, trademark, service marks, logos, icons, or other intellectual property of your university, athletic federation, conference, or other organization; and
  • Required to comply with academic requirements, team rules, and disciplinary standards of your university.

Not sure if House Bill 5217 affects your school? In the state of Michigan, the following NCAA Michigan schools are affected by Michigan’s NIL law as of December 31, 2022:

D1
  • Central Michigan University
  • Mercy of the University of Detroit
  • Eastern Michigan University
  • University of Michigan
  • Michigan State University
  • Oakland University
  • Western Michigan University
D2
  • Davenport University
  • Ferris State University
  • Grand Valley State University
  • Hillsdale College
  • Lake Superior State University
  • Technical University of Michigan
  • University of Northern Michigan
  • Northwood University
  • Saginaw Valley State University
  • Wayne State University
D3
  • Adrian College
  • Albion College
  • Alma College
  • Calvin University
  • Finlandia University
  • College of Hope
  • Kalamazoo College
  • Olivet College NAIA
NAIA
  • Aquinas College
  • Cleary University
  • Concordia University, Ann Arbor
  • Cornerstone University
  • Lawrence Technological University
  • Madonna University
  • University of Rochester
  • University of Siena Heights
  • Spring Arbor University
  • University of Michigan-Dearborn
NJCAA
  • Alpena Community College
  • Community College Bay de Noc
  • Delta College
  • Glen Oaks Community College
  • Gogebic Community College
  • Community College Grand Rapids
  • Henry Ford College
  • Jackson College
  • Kalamazoo Valley Community College
  • Kellogg Community College
  • Kirtland Community College
  • Lake Michigan College
  • Lansing Community College
  • Macomb Community College
  • Middle Michigan Community College
  • Mott Community College
  • Muskegon Community College
  • Oakland Community College
  • St Clair County Community College
  • Schoolcraft College
  • Wayne County Community College District

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