Image Rights of Sportspersons: Increasing the Ambit of Privacy

Abstract

Image rights represent the ability of an individual to control the use or portrayal of their identity in public, something which should ideally be within the sole control of that individual. However, the presence of miniscule legislative backing along with the views of large corporations have shown otherwise. Image rights, especially of players, present an attractive commercial opportunity, often forming a huge source of earnings for clubs, national teams and even video game franchises. However, the protection and treatment of image rights of athletes has started a controversy where players are now recognizing the value of these rights and the lack of control they possess over their use. Large corporations such as EA Sports have shown an utter disregard for the right of a player to control or even cash in on the use of their image, bringing forth the question whether the current protection of image rights is sufficient. This study has uncovered the sheer lack of protection available to these rights in most countries, with some jurisdictions failing to recognize the right of a player to control their identity. This study has analyzed and brought forth the flaws in the system, whilst highlighting the immense economic potential for both athletes and clubs.