South Carolina Code of Laws
Chapter 158 - Intercollegiate Athletes' Compensation For Name, Image, Or Likeness
Section 59-158-40. Institutions of higher learning prohibited from preventing or unduly restricting intercollegiate athlete from earning compensation for use of name, image, or likeness; exceptions; prohibitions for use of intercollegiate athlete's n...

(A) Notwithstanding athletic conference or collegiate athletic association rules, bylaws, regulations, and policies to the contrary, an institution of higher learning is prohibited from adopting or maintaining a contract, rule, regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate athlete from:
(1) earning compensation for the use of his name, image, or likeness; or
(2) obtaining an athlete agent for the purpose of securing compensation for the use of his name, image, or likeness.
(B)(1) An institution of higher learning may prohibit an intercollegiate athlete from using his name, image, or likeness for compensation if the proposed use of his name, image, or likeness conflicts with:
(a) existing institutional sponsorship agreements or other contracts; or
(b) institutional values as defined by the institution of higher learning.
(2) An intercollegiate athlete may not earn compensation for the use of his name, image, or likeness for the endorsement of tobacco, alcohol, illegal substances or activities, banned athletic substances, or gambling including, but not limited to, sports betting.
(C) An institution of higher learning must disclose known prohibitions for the use of an intercollegiate athlete's name, image, or likeness at the time that an intercollegiate athlete is admitted to the institution of higher learning or when the intercollegiate athlete signs a financial aid agreement or team contract.
HISTORY: 2021 Act No. 35 (S.685), Section 1, eff July 1, 2021.

Editor's Note
2021 Act No. 35, Section 7, provides as follows:
"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."

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