Image Rights In Sports Law?

INTRODUCTION

The commercialization of sports has included a number of legal concerns. Currently, there are several sponsors for a single sporting event, players are contractually required to support a certain company, and broadcasting organisations have exclusive rights over what content is shown to viewers. Therefore, it is almost hard to imagine sports in the modern digital age without intellectual property rights. In addition to playing a crucial part in the promotion of sporting events, IPRs are required for the maintenance and monetization of the precious image rights of athletes.

Sport Law[Image Source: Istock]

One of the most disruptive political, social, and technological eras is currently taking place in the world, and this is having an impact on how investments are made in sports, how sports content is created and distributed, and how rights holders, sponsors, and fans interact with one another. Because of technology, viewers now anticipate having access to content anytime they want it and from any location, including live streaming, on-demand coverage, and supplementary information and commentary. Over-the-top live content for sports is on the way thanks to participation from established broadcasters, more recent digital publishers, rights holders, telecom firms, social media platforms, and industry titans. Therefore, they become a popular location for large corporations to market and sell their goods, generating profits that are beyond comprehension.

However, are all the rights covered under law. Are the same used in the manner required to be used or is there an infringement on the part of the users of the rights of others. Moreover, is Indian law clear on this aspect. This article intends to answer all of these questions.

ANALYSIS

1. The Use of Image Rights in the Commercialized Sports Era
A person’s name, likeness, autograph, story, and accomplishments (including copyright and other intellectual property) may be used in connection with filming, television, broadcasting, audio recording, motion pictures, videos, electronic pictures, still photographs, personal appearances, product endorsements, and advertising across all media with the permission of the person in question.

Personality merchandising is the practise of connecting a wide range of goods and services with a well-known person in order to increase the marketability of such goods and services. When a celebrity participates in the practise of personality marketing, he or she authorises the use of their persona in connection with certain goods or services in order to enhance the perception of those goods or services among the general public. The word “persona” refers to the elements or characteristics that make up a person’s external existence and are used by others to identify them. A person’s name, shortened name, nickname, alias, signature, image, voice, likeness, look-alike, caricature, physical traits, acting style, mannerism, gestures, unique appearance, characteristic words, characteristic clothes, etc. are examples of these aspects or qualities.

In the case of Mr. Gautam Gambhir vs D.A.P & Co. & Anr. , the defendant operated their bar and restaurant under the name Gautam Gambhir, which many people believed to be associated with the aforementioned well-known personality. The plaintiff then filed a lawsuit against the defendant. The defendant contended that he wanted to do business under the name Gautam Gambhir as he also goes by that name. Additionally, he did not even assert that the cricketer and the bar are related or display any of the cricketer’s pictures in public. He, further, displayed his own photographs everywhere as identification. The logos of the restaurants were also registered. Evidently, it was found that the defendant had not utilised the reputation associated with the plaintiff’s name in his trade. The temporary injunction was therefore rejected.

It is evident that, in this instance, there was no malafide intention to use the name, image and good will of the personality mentioned, nor was there any intention to create (or) cause confusion in the minds of the people, the judgment was very much apt. However, a point for consideration is the absence of law on such issues.

CONCLUSION

Personality Rights and Sponsorships: A Relationship
Sportspeople have passionate supporters, thus their reputation is valuable. This intangible worth is based on the notion that a player’s endorsement raises consumer knowledge of and favorability for the brand. The club has separate sponsorship agreements with the players. Athletes promote products by leveraging their skill, persona, and performance.

A sportsperson’s publicity or image rights provide him the ability to use and profit from his famous status for business purposes. The marketability of an athlete is determined by his personality and physical traits, and his image rights are derived from his physical characteristics, which include his appearance, demeanour, and voice. An athlete’s endorsement increases a product’s marketability and authority. A personality may only file a lawsuit if reproduction or use of a resemblance violates a legal right they have since, like the UK, India lacks clear legislation protecting personality rights per se. These image rights may be protected under i) the Indian Constitution’s Article 21, ii) the Advertising Standards Codes, iii) the Trademark Act, and iv) Passing Off.

Author: Pragati Gilda, a Student at NMIMS Kirit. P. Mehta School of Law, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

Leave a Reply

Categories

Archives

  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010