The rules are in. What Gamecock players can (and can’t) do to make money in NIL era
The University of South Carolina and its athletes are on board with the new era of personal branding.
The school’s athletics department confirmed in a news release that its “student-athletes will have the opportunity to benefit from their name, image and likeness beginning Thursday,” consistent with the NCAA decision to allow college athletes to sign endorsement deals nationwide.
“I consider it a part of our education mission in the athletics department for our student-athletes to understand how to market themselves and be the CEO of their brand,” USC athletics director Ray Tanner said Thursday morning in a statement. “I want to make sure that our student-athletes are able to take advantage of all the opportunities that NIL can bring.”
Among the highlights of what USC athletes can or can’t do:
▪ Can: They can use intellectual property (logo, photos, etc.) as long as there is “prior written approval of the University of South Carolina Athletics Department.”
▪ Can’t: Any activities related to an athlete’s deals or endorsements can’t take place inside university facilities.
▪ Must: Athletes must report their NIL efforts through a special app “48 hours prior to the activity.”
The state of South Carolina’s own name, image and likeness law does not take effect until July 1, 2022. The office of S.C. Attorney General Alan Wilson can certify — or approve a change — so that NIL rules can take effect sooner, rather than waiting until 2022. The NCAA’s policy is under review now by the attorney general’s office to make sure it is aligned with the S.C. law, The State was told. That certification is expected to happen.
Multiple USC players — including quarterbacks Colten Gauthier and Jason Brown — have posted the same message to social media that’s been circulating nationally among college athletes: Titled “Officially active July 1st,” it reads: “According to NCAA, we will be grated the opportunity to capitalize on our likeness on the college state. Here pretty soon us student-athletes are going to be able to brand ourselves and other businesses and companies. Any local companies that want to use my social media or me to do commercials to brand themselves, my DM is open!!”
South Carolina women’s basketball coach Dawn Staley was among those weighing in on the issue via social media Thursday.
“#NILDAY #studentathletes Also note…..the more money you make the more impact it has on pell grant funds,” Staley said via Twitter. “And if you are your dependents of your parents taxes……it impacts them too. #educateyourself #please”
Here’s the full NIL policy that the University of South Carolina created that’s directed related to what Gamecock student-athletes can and can’t do in the new era of personal branding.
South Carolina Gamecocks NIL rules
- Academically eligible student-athletes at the University of South Carolina may earn compensation for their name, image, or likeness.
- University of South Carolina institutional staff members shall not be involved in arranging NIL agreements, contracts, appearances, gift-in-kinds and/or compensation for an intercollegiate athlete or providing compensation themselves.
- Athletic boosters may create or facilitate NIL compensation opportunities to current and prospective student-athletes provided those deals are not used as a recruiting inducement or inducement to remain enrolled for current student-athletes at University of South Carolina.
- NIL activities must occur outside of participation in academic, athletic, or University of South Carolina sponsored activities.
- A student-athlete’s scholarship awarded by the University of South Carolina is not considered compensation and may not be revoked or reduced because of a permissible NIL agreement.
- A student-athlete’s compensation earned may be used in the calculation for need-based financial aid available to the general student population based on federal guidelines, and therefore, could impact the amount of need-based aid a student-athletes is awarded.
- Student-athletes may use University of South Carolina intellectual property with the prior written approval of the University of South Carolina Athletics Department. Student-athletes may autograph and sell officially licensed memorabilia that includes University marks that is purchased by the student-athletes.
- South Carolina State Law prohibits the use of University of South Carolina facilities for NIL activities.
- All NIL activities must be disclosed through the Compass app 48 hours prior to the activity. All in-kind deals should be submitted as soon as the deal is agreed upon.
- The University of South Carolina retains all rights to content produced or published by the University or associated entities.
- The University of South Carolina will provide student-athletes with both required and optional education opportunities regarding NIL including, life skills, career development, and financial literacy to best prepare student-athletes for the new landscape.
- Due to federal guidelines, student-athletes attending the University of South Carolina on an F-1 visa are encouraged to contact International Student Services prior to participating in any name, image, likeness activities.
- Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior guidelines on professional representation stay in place and student-athletes may not secure representation for future professional athletic contract negotiations.
- All athlete agents representing student-athletes from the University of South Carolina must comply with federal and state regulations surrounding athlete agents and their activities.
- If an athlete agent is an attorney, then he or she must also be a member in good standing of in all state bar associations the athlete agent is a member of.
Frequently Asked Questions
——Boosters
Q: Can boosters provide student-athletes with compensation for name, image, likeness activities?
A: Yes, businesses associated with or owned by boosters of the University of South Carolina may compensate student-athletes for use of their NIL provided the booster(s) was not directed to do so by the institution and the payment is not a recruiting inducement or inducement to remain enrolled at the University of South Carolina.
——Disclosure
Q: When do student-athletes need to tell the institution about my NIL activity?
A: Student-athletes are required to disclose all NIL activities to the University of South Carolina 48 hours prior to the event occurring.
Q: How do student-athletes disclose NIL deals?
A: All NIL deals should be disclosed in the Compass system. This can be accessed through the app or through the website.
——Agents
Q: Can student-athletes hire a marketing agent to represent them in NIL deals?
A: Yes. However, the rules remain in place that prevents student-athletes from hiring an athlete agent for professional representation.
Q: What does a student-athlete’s marketing agent need to do to represent the student-athlete?
A: A marketing agent should follow applicable state and federal laws surrounding representing student-athletes. Additionally, the marketing agent should register with the Office of Compliance at the University of South Carolina.
——Deals
Q: Will the University of South Carolina help student-athletes secure a NIL deal?
A: No, in order to create an environment free of conflict of interest, the University and its staff members or representatives are prohibited from assisting a student-athlete in securing a NIL deal.
——Scholarship/Pell Grant
Q: Will a student-athlete’s scholarship be affected if the student-athlete signs a NIL deal?
A: No, scholarships cannot be canceled or nonrenewed if a student-athlete participates in NIL activities.
Q: Will any compensation I earn from NIL activities be used to calculate my pell grant?
A: Yes, your compensation earned may impact your eligibility to receive the pell grant.
This story was originally published July 1, 2021 at 10:51 AM.
