Beyond the Game: Who Owns an Athlete's Image?

Ever seen an athlete's face on a bus or a shop sign without their permission? We're diving into this fascinating issue where sport meets law and business. Join us as we explore how athletes' identities become brands, the legal battles over image rights, and why protecting your likeness is crucial in today's world. You'll discover who really profits from sporting fame.00:09Athletes are brands, but unauthorized image use exploits their fame and commercial value.02:30Unauthorized use manifests as visual advertising on transport and local businesses, leveraging athlete popularity.04:26Intellectual property laws like copyright and trademarks protect aspects of an athlete's brand.08:09Athletes must proactively manage their brands by seeking legal advice and registering assets.14:29Diverse expert insights, including athletes, are crucial for managing and protecting brand identity.Full TranscriptMMiaHey everyone, and welcome back to the podcast where we dissect the fascinating intersection of sport, law, and the ever-growing business of being an athlete. I'm your host, Mia, and today we're diving deep into a super relevant topic, especially in today's hyper-connected world. We're talking about what happens when an athlete's image is everywhere, but without their permission. Think of all those kombis painted with your favourite football star or that barbershop that uses an athlete's face to draw in customers. It’s a huge question: who really profits from all that sporting fame?LLucasThat's a great way to put it, Mia. I'm Lucas, and it's fantastic to be here. The way athlete identities are being commercialized, often without proper consent, is a really pressing issue, and it’s something that impacts not just the athletes themselves but the entire sports economy.MMiaAnd it feels like this whole conversation really kicks off with the idea that in modern sport, an athlete is way more than just a player on the field. They’re like, a whole brand, a business venture, and even intellectual property. It’s a lot to manage.LLucasAbsolutely. They’re not just performing a sport; they're building a personal brand, and that brand has immense commercial value. This is where the complexities of intellectual property s really come into play, and it's often a murky area, especially when you consider the African sports economy where this is particularly visible, from those painted kombis to local businesses.MMiaSo, let's just dive in. We’re talking about the core of it, The question posed by The Sideline Strategy with Trust Chipanga: ‘In modern sport, an athlete is no longer just a player — they are a brand, a business, and intellectual property. But what happens when that identity is used without permission? From kombis to barber shops and beer halls, athletes’ images are everywhere. The question is: who truly profits from sporting fame? That’s the big one we’re tackling.MMiaLucas, can you kick us off by painting a picture for us? What does this unauthorised commercial use of athlete images actually look like on the ground, especially in the context of Africa's evolving sports economy that Trust Chipanga mentions?LLucasSo, imagine you're driving down the street in, say, Nairobi or Lagos, and you see a matatu, or a bus that's absolutely plastered with a vibrant mural of a famous football player. It could be a Cristiano Ronaldo, a Lionel Messi, or even a highly celebrated local hero. This isn't just art; it's a form of advertisement for the transport service, using that player's image to attract passengers who are fans. Now, that player hasn't permitted their likeness to be used this way.MMiaI can picture that. It’s like, the player’s face is on the side of a moving billboard, but they’re not getting any cut. That must feel… I don't know, frustrating, to see your face used like that without any say.LLucasAnd it doesn't stop there. You might walk past a local barber shop, and their sign proudly features an image of a boxing champion, or a sprinter, promising a championship cut. Or a small eatery in a busy market might be selling their popular dish, with a poster of a well-known rugby player endorsing it, even though the player has no affiliation. These are all instances where an athlete's visual identity is being leveraged for commercial gain, and it's happening without any agreement or compensation to the athlete.MMiam-It sounds like these businesses are essentially hitching their wagon to the athlete's popularity, They're banking on the recognition and the positive associations that fans have with these athletes to draw customers. That's clever, but also… kind of unfair if the athlete has no control over it.LLucasThat’s precisely the core issue. It's leveraging the athlete's brand equity – the intangible value associated with their name, image, and achievements – without their consent. This is where the concept of intellectual property s becomes crucial. We're talking about image s, which are a distinct form of intellectual property. It’s about the of an individual to control the commercial use of their identity.MMiaImage s. so that’s a big one. The episode mentions trademarks, copyrights, patents, and commercial endorsements too. How do those all fit into this picture of unauthorized use? Are they all sort of overlapping, or are they distinct legal tools?LLucasThey are distinct, but they can certainly overlap and work together. Let’s break it down. Copyright, for instance, protects original works of authorship. So, if a photographer takes a stunning action shot of an athlete, that photographer owns the copyright to the photo. However, the athlete generally retains their image s – the to control how their likeness is used commercially, even in that copyrighted photo.MMiaSo, the photographer owns the photo, but the athlete still owns… their face in the photo? That seems complicated. So, if that photo is then used on a t-shirt without the athlete’s who’s in trouble?LLucasIt could be both, depending on the specifics. The person using the photo on the t-shirt might be infringing the photographer's copyright, and they might also be infringing the athlete's image s. The athlete's to control the commercial exploitation of their image is paramount here. It’s about preventing others from profiting from their personal identity.MMiaAnd what about trademarks? I always think of logos, like the Nike swoosh, but can an athlete's image itself be trademarked?LLucasThat’s a great question. While an individual athlete's face might not be a trademark in the traditional sense like a logo, certain elements associated with them can be. For example, a unique nickname that becomes widely recognized, or a signature gesture. If that nickname or gesture is used in a way that identifies a commercial product or service, it can potentially be protected as a trademark. Think of something like Michael Jordan's Jumpman silhouette – that's a registered trademark.MMiathe Jumpman logo. I see. So, it’s about using something distinctive that people automatically associate with that specific athlete, and then using it to sell something. And then patents? That feels… different. Like for inventions?LLucasYou're patents are typically for inventions. However, in the context of sports, an athlete might develop or endorse a unique piece of equipment or technology related to their sport, like a specialized running shoe or a training device. If that invention is novel and non-obvious, it could be patented. While not directly about their image, it's another form of intellectual property tied to their athletic career and innovations.MMiaso it's less about their face and more about something they’ve invented or significantly contributed to. That So, we've got copyright for the actual image, image s for controlling the use of their likeness, trademarks for associated identifiers, and patents for inventions. It's a whole web of protections, or potential infringements, depending on how you look at it.LLucasPrecisely. And then you have commercial endorsements, which are the formal agreements where athletes license their name, image, and likeness to brands in exchange for compensation. The unauthorized uses we're discussing are essentially a violation of the principles that these endorsement deals are built upon. Someone is essentially getting the benefit of an endorsement without paying for it or having an agreement.MMiaIt’s like getting free advertising that relies entirely on someone else's hard-earned fame. So, after all this discussion about the different types of intellectual property and how they’re being exploited, essentially the core idea is that an athlete’s identity is a valuable commercial asset that needs protection. Let’s bookmark that and continue after a break.MMiaWelcome back, everyone, to The Sideline Strategy podcast. Before the break, we were just getting into the nitty-gritty of how athletes' images are being used without permission, touching on copyright, trademarks, and image s. Now, Lucas, let's pivot to how athletes can actually protect their brands. Trust Chipanga's episode emphasizes that sports professionals must start treating their names and identities as valuable business assets. So, what are the practical steps they can take?LLucasThat's the million-dollar question, isn't it? The first and most crucial step is understanding that their brand *is* a business asset. This means proactive management. It’s not just about playing the sport; it’s about actively cultivating and protecting their public persona. So, for an athlete,