University of South Carolina Upstate

Q: What is NIL?
A: Name, Image and Likeness (NIL) refers to any situation in which a student-athlete promotes or endorses a product or service in exchange for money, goods or services, regardless of whether or not the activity relates to athletics. Examples include appearing in commercials or advertisements, appearing at events, promoting a person, product, service or entity, hosting a podcast or blog, owning and operating a business, and other activities conducted either in person, online, or on social media. 

Q: Do NCAA bylaws allow student-athletes to be compensated for the use of their NIL?
A: Yes. On July 1, 2021, the NCAA modified its bylaws to allow student-athletes to profit from the use of their NIL. The NCAA’s current NIL policy calls for those institutions located in states that have enacted NIL laws to follow the requirements of those state laws. As a result, USC Upstate follows South Carolina law, which also became effective on July 1, 2021 and applies to USC Upstate’s student-athletes, employees and supporters as well as those businesses seeking NIL agreements with USC Upstate’s student-athletes. 

Q: Does South Carolina’s NIL law have any requirements for agreements made with a student-athlete?
A: Yes. South Carolina law requires agreements to be in writing, that any relationships between the business and the institution to be disclosed to the student-athlete and for student-athletes to have a 10 day period of time to revoke the agreement.

Q: Can I offer an NIL agreement to a student-athlete as an inducement for the student-athlete to attend USC Upstate or as a reward for outstanding play?
A: No. South Carolina law prohibits the use of NIL agreements as a recruiting inducement or as a reward for on the field performance. Additionally, NIL agreements used solely as a means to compensate a student-athlete without requiring contractual performance by the student-athlete are prohibited.

Q: Can I enter into a long-term NIL agreement with a student-athlete?
A. No. An NIL agreement may not extend beyond an intercollegiate athlete’s participation in an athletic program at an institution of higher learning.

Q: Can I enlist the assistance of USC Upstate employees, for the purposes of obtaining NIL agreements with student-athletes?
A: No. Under South Carolina law, USC Upstate employees (including coaches and athletic department staff) are prohibited from facilitating NIL opportunities or payments.

Q: I am an agent. Can I advise a student-athlete on NIL agreements or solicit NIL agreements for student-athletes?
A: Yes. Agents are allowed to advise student-athletes and solicit NIL agreements, provided the agent is registered and, if an attorney, is in good standing with a state bar association. Student-athletes are also allowed to seek the advice of tax professionals and financial planners for NIL purposes. An agent may not use NIL as a method to advise the student-athlete on a professional sports contract.