Do sports clubs have the right to use an athlete’s image for commercial purposes after the contract expires?

Question:

Does a sports club have the right to freely use an athlete’s name and likeness for commercial purposes after the contract expires?

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Answer:

1. In the context of professional sports, the relationship between a club and an athlete is not only bound by the employment contract but also encompasses aspects of commercial rights and image rights. Image rights include the use of an individual’s name, photograph, signature, voice, or other form of depiction that can identify an individual for commercial purposes. This right is legally recognized as part of the personality rights and intellectual property rights inherent in the athlete.
2. According to Law Number 28 of 2014 concerning Copyright, the unauthorized use of a person’s image or identity for commercial purposes falls under the category of copyright and moral rights infringement. Although an image is not a work of copyright in the traditional sense, the principle of protecting moral rights and the right to reputation is inherent in every individual. This aligns with Article 24 paragraph (2) of the Copyright Law, which prohibits alteration, use, or depiction that is detrimental to the honor and reputation of the creator, which in this context can be likened to the identity of an athlete.
3. During the contract period, clubs generally obtain limited permission (license) from the athlete to use their name, photograph, and image in promotional activities, advertising, sponsorships, and merchandise. This permission is contractual and does not automatically apply after the contract ends, unless expressly stipulated in a post-contract usage rights clause. Therefore, any use of an athlete’s name or image after the contract expires must obtain new written approval from the athlete in question.
4. This practice also aligns with international standards in professional sports, as stipulated in the FIFA Regulations on the Status and Transfer of Players (RSTP) and the guidelines of the World Players Association, which emphasize that image rights are part of an athlete’s personal rights and cannot be permanently owned by the club. Therefore, the club only acts as a temporary license holder during the contract period, not as the owner of the rights to the athlete’s image.
5. From a civil law perspective, the unauthorized use of a person’s name or image after the contract has expired can be classified as an unlawful act (onrechtmatige daad) as stipulated in Article 1365 of the Civil Code, as it causes both material and immaterial losses to the athlete. The club may be held responsible for discontinuing such use and paying compensation for violations of personality rights. In some cases, athletes can also sue for moral damages if the use of the image is without consent or damages their professional reputation.
6. Based on the above explanation, it can be concluded that sports clubs do not have the right to freely use an athlete’s name and likeness for commercial purposes after the contract has expired. These rights are personal and inherent to the athlete, unless expressly agreed otherwise in the contract. Therefore, any unauthorized use of an athlete’s image outside the contract period can be categorized as a violation of personality rights and may result in legal action. Clubs are obliged to respect the moral and economic rights of athletes as stipulated in statutory provisions and the principle of fair use in professional sports.

This legal opinion is presented based on the limited initial information we have received. For further analysis regarding the contents of commercial contracts and the protection of athletes’ image rights, please make an appointment for a consultation with our lawyer.