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Volume XI, Number 267

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MI Legislature OKs Pay to College Athletes for Use of Name/Likeness

 On December 16, 2020, the Michigan Senate passed bills designed to allow college athletes to receive compensation for the use of their names, images, or likeness rights. House Bill 5217 would make it unlawful for colleges or organizations like the National Collegiate Athletic Association ("NCAA") to prevent student-athletes from earning compensation from the use of their names or likenesses. Under the law, colleges and athletic associations would not be allowed to buy those rights from prospective athletes. The law would also allow students to contract with agents for purposes of receiving such compensation and would prevent colleges and athletic associations from interfering with the use of such agents. 

The legislation contains several provisions apparently designed to protect schools. Those include prohibitions on the NCAA sanctioning schools for allowing their students to receive compensation for the use of their likenesses, as well as prohibitions on students entering into apparel contracts that conflict with their schools' team contracts.

The bill, which passed in the Michigan House of Representatives in May, has now received overwhelming support in the Michigan Senate, and is expected to be signed by Michigan Gov. Gretchen Whitmer. If enacted as drafted, the law will take effect on December 31, 2022. California, Florida and Colorado have already enacted similar legislation.

This legislation will create legal issues with which higher education institutions will need to grapple. 

 

© 2021 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume X, Number 356
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About this Author

Kamil Robakiewicz Labor & Employment Litigation Attorney Miller, Canfield, Paddock and Stone Ann Arbor, MI
Principal

Kamil Robakiewicz specializes in litigation and alternative dispute resolution, with a particular emphasis on labor and employment disputes.

He has considerable experience in conducting investigations for public-sector and higher education institutions.

Prior to joining Miller Canfield, Kamil served as a law clerk to the Honorable James L. Dennis of the U.S. Court of Appeals for the Fifth Circuit. During his time clerking for a federal appellate judge, Kamil gained unique insights into the types of arguments judges find most persuasive. Kamil applies this understanding of the...

517-483-4945
Scott R. Eldridge Labor & Employment Attorney Miller, Canfield, Paddock and Stone Lancing, MI
Principal

Scott Eldridge focuses his practice on management-side labor and employment law, governmental litigation, and commercial litigation.

He represents colleges and universities, municipalities, non-profits, public bodies, government contractors, and commercial enterprises in state court, federal court, and administrative tribunals. Scott also routinely represents his clients in the Michigan Court of Appeals and the Michigan Supreme Court.

Labor and Employment Law

• Employment litigation defense (discrimination, harassment, whistleblower claims)

• Title VII of the...

517-483-4918
Brian Schwartz Employment Attorney Miller Canfield Law Firm
Principal

Brian Schwartz represents management in various aspects of labor and employment counseling and litigation.

His practice focuses on defending single-plaintiff and class-action lawsuits involving retiree health benefit disputes, employment discrimination (race, gender, and disability discrimination), harassment, and retaliation claims, as well as wage and hour claims, FMLA claims, ERISA disputes, Title IX claims, Freedom of Information Act and due process lawsuits. He also counsels employers on drafting enforceable non-competition, non-solicitation and confidentiality...

313.496.7551
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