What Are Image Rights?

Image rights allow an individual to control the commercial use of their visual identity, including their name, likeness, and other distinctive features. For athletes, these rights can generate additional income through endorsement deals, sponsorships, and marketing agreements.

The Role of Clubs and Federations

Clubs, sports federations, and international tournament organizers—as employers or governing bodies—seek to capitalize on the popularity of athletes to enhance their brand image and secure revenue through sponsors and broadcasting rights. To this end, they often include contractual clauses that regulate the partial or full assignment of these rights.

One of the most common models involves the assignment of image rights in favor of the club, tournament, or federation, allowing them to commercially exploit the athlete’s image in institutional campaigns. This often restricts the athlete’s ability to freely negotiate the use of their image in certain areas. However, such arrangements can conflict with the athlete’s personal interests, particularly if they already have endorsement agreements with brands that compete with those of the club, federation, or event organizer.

Controversial Cases and Legal Disputes

Numerous cases have arisen in which athletes have clashed over the use of their image rights. A well-known example is Lionel Messi, who throughout his career has signed exclusive sponsorship agreements that have led to conflicts with the commercial interests of FC Barcelona and the Argentine national team.

Another relevant case is Neymar, whose contract with Paris Saint-Germain (PSG) included a partial assignment of image rights, but with specific restrictions to ensure the player could maintain personal agreements with external brands.

Legal Framework and Protection

The regulation of image rights varies across jurisdictions. In some countries, they are explicitly recognized as a fundamental right, while in others, they are managed within the contractual framework. In Spain, for example, the Sports Act and labor legislation impose limits on the exploitation of these rights, offering protection to athletes against potential contractual abuses.

In Costa Rica, image rights are considered a personal right of the highest order, protected by the Political Constitution, which guarantees a legal framework for athletes whereby only they can exploit or assign those rights to third parties.

Sports federations have also adopted regulations to prevent conflicts. FIFA and UEFA, for instance, have established rules regarding the use of players’ images in official competitions, ensuring a framework of reasonable and equitable use.