An athlete's name, image and online presence can represent significant commercial value. But who is permitted to use that image, for what purposes and for how long? We asked Peter Verbeke – former CEO of RSC Anderlecht and currently Head of the Sports Law Practice at PowerPlay – to share his experiences from the perspectives of both football club and professional athlete.
The name, image and digital reach of professional sportspeople are highly valuable, but the rules around who can exploit those intellectual property rights can vary between athletes and sporting disciplines.
In our latest video, Peter Verbeke – former CEO of RSC Anderlecht and currently Head of the Sports Law Practice at PowerPlay – explains why image rights work differently for footballers compared to individual athletes and discusses:
- who is permitted to use the images of football team players, for what purposes and for how long;
- the role played by exclusivity, morality clauses and image rights in sports sponsorship contracts;
- how obligations to clubs, federations and personal sponsors can conflict;
- why athletes need to maintain sufficient control over their name, image and online identity;
- when collaboration between sports law and IP specialists adds value.
During this interview, the interviewee is introduced as a "lawyer". For accuracy, please note that the interviewee holds the position of Legal Counsel and is not presented in their capacity as a lawyer.
“When it comes to building a brand, we need strong partners. Novagraaf has the expertise to assess the risks, protect the brand and enforce the rights once the brand has been established.”
Peter Verbeke
PowerPlay
Head of the Sports Law Practice
Clear agreements protect future opportunities
Many legal and commercial issues arise because, at the start of a partnership, the scope of what a sponsor may do with an athlete's name and image is not precisely defined.
Three topics are particularly important in this regard:
- Exclusivity: which other brands and sponsors is the athlete permitted to work with?
- Morality: when can a sponsor intervene based on the athlete's behaviour or reputation?
- Image usage: which names, images and other recognisable features may be used, for what purpose and for how long?
A sound strategy does more than just safeguard the current partnership; it also ensures that the athlete retains sufficient commercial scope for future sponsorship deals and other activities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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