Athlete Image Rights

Presentation to Sport Information Resource Centre

Brian A. Ward, B.C.L. LL.B

Presentation Overview

• What are image rights

• Defining ownership of image rights

• Use of image rights

• Managing the issue of image rights

Beckham splits with sponsor ahead of MLS debutThe Ottawa CitizenPublished: Sunday, July 08, 2007

BOSTON - English soccer star David Beckham has split from sponsor Gillette just ahead of his American debut with the Los Angeles Galaxy of Major League Soccer.

Beckham has had a three-year endorsement agreement with Gillette but the Proctor and Gamble company brand of grooming products split with Beckham, company spokesman Michael Norton told the Boston Herald.

Beckham's demands for control over his image reportedly doomed talks of extending the deal, although Norton would say only the contract was ended by "mutual agreement.“

Next Friday, Beckham will be introduced as a member of the Galaxy after ending his career at Real Madrid.

His five-year contract with the Galaxy is worth up to $250 million U.S., but only $27 million comes from playing. The remainder is from other deals, some of which revolve around Beckham keeping control of his image.

The MLS will try to create "Beckham-mania" in U.S. cities, having already used the promise of tickets to a Beckham visit in every MLS city this year to sell tickets to other matches.

© The Ottawa Citizen 2007

What are image rights?

• Personality Rights

• Publicity Rights

• Privacy Rights

Definition of Athlete’s Image Rights

• An athlete’s marketable identity and/or any trait that uniquely identifies the athlete Examples include:

• Name(s)

• Nick Name(s)

• Likeness

• Portrait

• Performance (under certain circumstances)

Definition of Athlete Image Rights

Examples include (cont’d):

• Biographical Facts

• Character

• Reputation

• Goodwill

• Personality

• Trademark Registrations

Ownership of Image Rights

• Athlete image examples clearly and absolutely owned by the athlete

• NSO’s and sponsors have no ability or authority to use an Athlete’s image without his consent

• Put a uniform on him - the issue of athlete image rights becomes problematic – intermingling of ownership rights

How can this photo be used?

Use of Image RightsAn Athlete in your Organization wins the World Championships

• Can the Organization use the photo in a press release announcing the victory?

• Can one of the branded sponsors unilaterally use the photo in an advertisement for their product?

• Can one of the branded sponsors run a congratulatory advertisement with only their logo present on the athlete?

• Can one of the branded sponsors run a congratulatory advertisement with the photo unchanged with text associating the achievement with the success this company enjoys. As an example, “Jim Jones hard work resulted in a World Championship, we work that hard for our clients so that they can feel like world champions.” ?

• Can one of the branded sponsors run a an advertisement with the photo unchanged simply stating , “Congratulations Jim Jones”?

Use of Image Rights

• Are you informing the public? • Or ….improperly associating your product

with the Athlete

Managing Image Rights

• Protecting or understanding the rights of the Athlete, the NSO and team sponsors

• Has the Athlete consented to the use of his image? For what purpose?

• Can the Athlete enter into agreements with sponsors who are competitors with team sponsors?

Managing Image Rights

• Athlete Agreement – contract with Athlete

• Does the NSO have to be a party to all Athlete sponsorship contracts

• What rights does the Athlete have in his personal capacity

• Contract between Team Sponsor and NSO

Managing Image Rights

• What are the Athlete’s requirements relative to Team Sponsors

• Resolving disputes – ADR

• Just when you thought it could not get more complicated – effect of the Charter and the NCAA

Conclusion

• Partnership between Athletes, NSO and Sponsors

• Effective Dispute Resolution when the process breaks down

• Lawyers are our friends