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 or on social media. 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.
Several important factors should be considered when contemplating an NIL agreement. Namely, student-athletes may obtain income tax obligations and their Pell grants may be affected; for International Student-Athletes, current Visa restrictions do not allow for participation in NIL agreements. The use of NIL agreements as a means of providing recruiting inducements or "pay for play" is prohibited and USC Upstate employees are not allowed to facilitate NIL opportunities or payments. Those who violate NCAA policy or South Carolina's NIL law risk a student-athletes's eligibility in the process.
Student-athletes may contract with an agent for the purposes of obtaining advice, soliciting or managing NIL agreements on behalf of a student-athlete. South Carolina law requires that an agent be registered with the Department of Consumer Affairs pursuant to Section 59-102-60 or 59-102-80. If the agent is an attorney, then he or she must also be a member in good standing of a state bar association. However, if the assistance of an agent is obtained by a student-athlete, it must be for NIL purposes only and not for the purposes of representing the student-athlete on a professional sports contract.
South Carolina law also requires that an agreement with a student-athlete be in writing and may not extend beyond an intercollegiate athlete's participation in an athletic program at an institution of higher learning. Those contracting with Student-Athletes must also disclose any relationships with USC Upstate prior to the agreement being signed, and must give the student-athlete a ten-day revocation period after the contract is signed.
South Carolina Law restricts the NIL activities of student-athletes in the following areas:
- Student-athletes are prohibited from using USC Upstate's marks (logos, etc.) in their NIL activities.
- Student-athletes are prohibited from using USC Upstate's facilities in their NIL activities.
- Student-athletes are prohibited from engaging in NIL activities during competition or other team activities.
- Student-athletes are prohibited from engaging in NIL activities that conflict with USC Upstate's partnerships.
- Student-athletes are prohibited from entering into NIL agreements that endorse tobacco, alcohol, illegal substances, sports betting, gambling or adult entertainment products or services.
- Student-athletes are prohibited from engaging in NIL activities that cause them to miss class time or to lose good academic standing.
In addition to the prohibitions referenced above, South Carolina law requires student-athletes to disclose NIL agreements to USC Upstate prior to entering into them.
USC Upstate's student-athlete disclosure can be found here:
USC Upstate NIL Disclosure Form
South Carolina's NIL law can be found here:
South Carolina NIL Law
Those who have questions concerning NIL and student-athlete eligibility are encouraged to contact the USC Upstate Athletics Compliance Office at 864-503-5053.
