Name, Image, and Likeness — NIL — is the right of a college athlete to be paid when a third party uses their identity. In South Carolina, that right is defined by a specific piece of state law, and understanding it is the difference between a clean deal and an eligibility problem.
This guide walks through South Carolina’s NIL statute the way a University of South Carolina Aiken compliance officer would walk through it on day one of orientation: plainly, with the section numbers, and with the practical implications laid out.
The statute itself
South Carolina’s NIL framework is codified at S.C. Code Ann. §§ 59-158-10 et seq.. It was 2021 Act No. 35 (S.685), eff. July 1, 2021, and amended 2024 Act No. 207 (H.4957), eff. May 21, 2024. You can read the full text at https://www.scstatehouse.gov/code/t59c158.php.
The statute defines who it applies to, what compensation is allowed, what is prohibited, and how institutions and agents fit into the picture. It does not apply to high school athletes — those rules sit with the South Carolina High School League (SCHSL) and are covered in a separate guide.
What college athletes are allowed to do
Under S.C. Code Ann. §§ 59-158-10 et seq., an intercollegiate athlete at a South Carolina institution may:
- Be compensated for the use of their name, image, or likeness — independent of athletic participation or performance. That’s the foundational right. It includes endorsements, social media content, paid appearances, autograph signings, and running their own camps.
- Sign NIL contracts with third parties — for the period of their eligibility. Contracts that extend beyond eligibility are not enforceable under the statute.
- Use a school’s trademarks and facilities in NIL activities — only if the institution grants permission. This is a permission framework, not a blanket prohibition. If the institution says yes, the logos and uniforms can be in the deal.
- Be represented by a registered athlete agent. Agents have to be registered with the SC Department of Consumer Affairs, and if the agent is an attorney they must be a member in good standing of a state bar.
What is prohibited
The same statute draws clear lines:
- No endorsements for tobacco, alcohol, illegal substances or activities, banned athletic substances, or gambling — including sports betting.
- No NIL contracts that run past the athlete’s eligibility window.
- No “pay-for-play.” Compensation for athletic participation or performance is not permitted as NIL, except as separately allowed by collegiate-athletic-association policy, court order, or settlement.
What institutions can and cannot do
S.C. Code Ann. §§ 59-158-10 et seq. also defines the institution’s role. South Carolina schools may identify, create, solicit, facilitate, and enable NIL opportunities for currently-enrolled athletes. They may not collect fees from an athlete for facilitating NIL, and they may not use appropriated funds to pay athletes for NIL.
One detail that surprises a lot of athletes and families: institutions in South Carolina cannot be compelled to disclose NIL contract terms to a collegiate athletic association, conference, or other governing body. The documentation is not a public record. Reporting that does happen flows through NCAA channels (covered in the NCAA Rules guide), not the school’s public records.
What it doesn’t change
The South Carolina statute lives alongside NCAA rules and conference rules. It gives college athletes the right to earn from their NIL, but it does not override NCAA eligibility requirements or the institution’s right to prohibit conflicts with institutional values. A deal that’s legal under South Carolina law can still be a problem under NCAA rules if it looks like pay-for-play. Athletes at University of South Carolina Aiken should always run a deal past their compliance office or Faculty Athletics Representative before signing.
What this guide is not
It is not legal advice. The statute is the law; this article is an explainer. Athletes considering a significant deal should read the statute itself at https://www.scstatehouse.gov/code/t59c158.php, talk to their compliance office, and consider a registered agent or NIL attorney before signing.