CLEMSON, S.C. (WCBD) – Governor Henry McMaster on Monday visited Clemson University for a ceremonial signing of S. 685, a bill that allows college athletes to be compensated for the use of their name, image, or likeness (NIL).
The bill defines NIL contracts as “an agreement in which an intercollegiate athlete participating in intercollegiate sports authorizes a person to use his name, image, or likeness, and in return, receives consideration. This term is shall include, but is not limited to, endorsement contracts.”
“Third-party endorsement’ means an intercollegiate athlete’s public support for, approval of, or recommendation of a product or service, including, but not limited to, social media influencer marketing opportunities; personal appearances; and digital content creation, distribution, and promotion of athletic-related business activities. ‘Third-party endorsement’ does not mean the use of an intercollegiate athlete’s name, image, or likeness in news reports, commentary, entertainment, or advertisements that is incidental to such uses; the broadcast of a sports contest; the rebroadcast of a sports contest; a brief video or audio clip of a sports contest; or anything that violates a registered or licensed copyright or trademark.”
The compensations must come from a third party — not the institution — and students may not be compensated for their athletic performance, or for attending a certain institution.
Likewise, the athlete may not use any of the institution’s facilities, uniforms, or intellectual property in the activities for which s/he is being compensated.
NIL contracts are also “prohibited from taking place during the intercollegiate athlete’s participation in academic, athletic, or team-mandated activities as defined by the institution of higher learning.”
The bill was originally signed in early May. McMaster was joined by Clemson University President Jim Clements, SC State President James E. Clark, Clemson Director of Athletics Dan Radakovich, and UofSC Senior Deputy Athletics Director Chance Miller for Monday’s ceremonial signing.