(A) A prospective intercollegiate athlete who enters into a name, image, or likeness contract shall disclose the name, image, or likeness contract to his institution of higher learning and its athletic department prior to enrollment or signing a financial aid agreement with the institution of higher learning or a team contract.
(B) A current intercollegiate athlete must disclose the terms of a name, image, or likeness contract prior to signing the name, image, or likeness contract, in a manner designated by the institution of higher learning.
(C) The disclosures required by this section must:
(1) describe the proposed use of the intercollegiate athlete's name, image, or likeness, compensation arrangements, the name of the athlete agent, and a list of all parties to the name, image, or likeness contract; and
(2) be made in the manner designated by the institution of higher learning.
(D) An institution of higher learning may fund, through its athletic department, an independent, third-party administrator to support education, monitoring, disclosures, and reporting concerning name, image, or likeness activities authorized pursuant to this chapter. A third-party administrator cannot be a registered athlete agent. An athlete agent is prohibited from having any affiliation with a third-party administrator.
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."
Structure South Carolina Code of Laws
Chapter 158 - Intercollegiate Athletes' Compensation For Name, Image, Or Likeness
Section 59-158-10. Definitions.
Section 59-158-30. Compensation does not affect grant in aid or athletic eligibility.
Section 59-158-50. Good academic standing required.
Section 59-158-60. Disclosure of name, image, or likeness contracts; third-party administrators.
Section 59-158-80. Governing law; compliance with federal Sports Agent Responsibility and Trust Act.