When we talk about financial education and wellbeing for elite athletes, it’s not just about managing money or investments; it encompasses a wide range of considerations, including the intricacies of image rights. As player care teams and educators, there is a need to be vigilant about how third parties use athletes’ images, ensuring they don’t inadvertently breach the athletes image rights agreements.
Imagine this scenario: an enthusiastic third party comes in to deliver a workshop or seminar for your athletes. They snap some photos of the event, featuring your athletes prominently, and then use these images to promote their brand or services. It seems harmless, right? However, this simple act can lead to significant complications, particularly if it breaches the athlete’s image rights agreements.
To illustrate the gravity of this issue, let’s revisit a notable case from May 2023 involving Bet365. The betting giant used images of athletes in their advertisements without proper authorisation. This misstep cost them nearly $700,000 in fines and damages. This case underscores the importance of understanding and respecting image rights agreements.
So, what exactly are image rights?
In essence, these rights allow athletes to control how their image—be it their likeness, name, or other identifying features—is used commercially. Many elite athletes have image rights agreements that specify how their image can be used and by whom. Breaching these agreements can lead to legal repercussions and financial penalties.
From a club perspective, the potential risk arises when third parties who provide workshops or seminars take and use players’ images for their own promotional purposes. Unless you have a thorough understanding of the image rights structure in place for each athlete, allowing such usage can be a precarious move. It’s not just about avoiding legal trouble; it’s about respecting the athlete’s rights and maintaining trust.
So, how can player care teams navigate this complex landscape?
Unless you are willing to spend time understanding image rights agreements for each athlete, or implementing policies and protocols, the simplest answer may just be to communicate to third parties that any use of athletes’ images for promotional purposes is not permitted.
Outside of your Club, you might want to encourage your athletes to become informed and aware of their image rights and understand the potential implications of unauthorised use. This empowers them to protect their interests and raises awareness about the importance of maintaining control over their image.
When in doubt, consult with legal professionals who specialise in sports law and image rights. They can provide valuable insights and help navigate any potential issues that arise. Please let us know if you would like an introduction to specialists in this field.
In conclusion, safeguarding athletes’ image rights is a crucial aspect of player care. By being proactive and mindful of these considerations, you can protect your athletes from potential breaches and maintain their trust. It’s about more than just avoiding legal trouble—it’s about respecting the athletes’ rights and ensuring their wellbeing both on and off the field.