Image Right Clauses in Football Contracts: Masterstroke for Mutual Success?Abayomi Al-Ameen*
School of Law and Politics, 1.09, Law Building, Cardiff University, Cardiff, CF10 3AT, UK
- *Corresponding Author:
- Al-Ameen A
Lecturer in Law, School of Law and Politics
1.09, Law Building, Cardiff University
Cardiff, CF10 3AT, UK
E-mail: [email protected]
Received Date: February 20, 2017; Accepted Date: March 16, 2017; Published Date: March 26, 2017
Citation: Al-Ameen A (2017) Image Right Clauses in Football Contracts: Masterstroke for Mutual Success? Intel Prop Rights. 5: 185. doi: 10.4172/2375-4516.1000185
Copyright: © 2017 Al-Ameen A. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
As the commercial and marketing aspect of the game continue to blossom, footballers are beginning to pay more attention to the own commercial value outside of the ‘beautiful game’. Image is particularly important for sport personalities as they constantly try to present their persona in the best possible way by pushing themselves into ‘perfection’ in order to enhance their popularity and marketability. Further, with the widespread commercialisation of the media, sport broadcasting has become a really big business thereby making it ever more important for parties to stake claims for their share. This heavy commercialisation of football has made it necessary to critically review the contractual relationship between footballers and clubs. It is quite normal for clubs to enter into employment contracts with their players wherein the players would be required the players to consent that the club uses their name, brand or image for its marketing and commercial activities. On the other hand, players might want to exploit the commercial value of their own image and persona. Is there a potential conflict here? How is or should the individual interests of the clubs and the players be managed? As it relates to the English Premier League, the answer to this query will be heavily dependent on our reading of Clause 4 of the Football Association Premier League (FAPL) standard contract which details the rights and duties of players and clubs. This paper analyses the implications of the image rights arrangements between the Premier League clubs and their footballers and consequently ascertain the fairness and efficiency of the bargain between the parties and as against external stakeholders.