Sports Contracts and Image Rights: What to Check Before Signing
Receiving an offer to enter into a sports contract often constitutes a significant milestone in an athlete's career. Before signing, however, particular attention should be paid to one especially sensitive provision: the clause governing image rights. If insufficiently defined, such a clause may authorise extensive use of the athlete's image, potentially without specific remuneration or adequate limitations.
Introduction: image as a legal and economic asset to protect
Receiving an offer to enter into a sports contract often represents a decisive milestone in an athlete's career. After years of effort, sacrifice and development, the temptation to sign without delay may be considerable. However, it is precisely at that stage that one of the most sensitive contractual provisions must be carefully reviewed: the clause governing image rights.
Such a clause should not be regarded as a mere administrative formality. An athlete's image constitutes an economic asset separate and distinct from sporting remuneration. Depending on the discipline, the athlete's public profile and the contemplated uses, it may represent a substantial financial interest. Once the contract has been executed, it may prove difficult to challenge an assignment that is excessively broad or insufficiently circumscribed.
In practice, certain provisions authorise extensive exploitation of the athlete's image, in some cases beyond the term of the underlying contractual relationship, without providing for genuinely individualised remuneration. The purpose of this article is to identify the principal points requiring scrutiny, in order to clarify the scope of the rights granted, the matters that may be negotiated and the precautions to be taken before any agreement is signed.
In addition to the protection of image rights, it should be noted that this article refers to the law applicable in France, it being understood that each jurisdiction may apply its own rules in this regard.
Collective image and individual image:
an essential distinction
The first point to note is that neither the club nor the employer has unfettered discretion in this respect. Under French law, an athlete's image is protected at several levels: first, under general law, in particular Article 9 of the French Civil Code, on which the courts rely to protect image rights; and secondly, under the French Sports Code, which distinguishes between exploitation rights relating to sporting competitions and the commercial exploitation of the athlete's personal image.
In practice, case law and contractual practice require a distinction to be drawn between the collective image and the individual image of the athlete.
1. Collective image
The collective image refers, in particular, to team photographs, match footage or the display of the club logo on the jersey. As a general rule, the club may use such images for its own promotional purposes without obtaining specific consent or paying additional remuneration, provided that the athlete is not artificially singled out or presented as the principal subject of the use.
2. Individual image
Where the athlete is singled out — for example through a portrait photograph, an individual interview, or an advertisement for a third-party brand using the athlete's name — control over the use of the athlete's image again becomes central. Any commercial exploitation of the individual image, including in advertising, video games or merchandising, requires prior written consent and may, depending on the circumstances, give rise to specific remuneration.
For professional athletes and coaches falling within the scope of this regime, Article L.222-2-10-1 of the French Sports Code permits the commercial exploitation of their image, name or voice to be governed by a dedicated agreement.
The key point requiring scrutiny is the following: certain contractual provisions tend to characterise a very broad assignment of an individual's image rights as a mere authorisation linked to the promotion of the club.
These two mechanisms must, however, be clearly distinguished. Article L.333-1 of the French Sports Code grants sports federations and event organisers an exploitation right in respect of the sporting events or competitions they organise; that right to exploit a sporting event should not be conflated with a general authorisation to exploit commercially the individual image of a specific athlete.
Three sensitive provisions to identify before signature
When reviewing a sports contract, three categories of wording call for particular vigilance. They do not necessarily render the provision unlawful, but they should prompt a careful review and, where appropriate, renegotiation.
1. Assignment covering "all known and future media"
The contract may provide for an assignment of rights for an extensive term and across all media, including media not yet in existence.
Point requiring scrutiny: the provision should identify with precision the media concerned. Any future exploitation on media not contemplated at the date of signature should be made subject to a separate and specific agreement.
2. Absence of separate remuneration
The contract may state, for example, that the salary covers "all services, including image rights".
However, for professional athletes and coaches falling within the scope of the applicable regime, Article L.222-2-10-1 of the French Sports Code permits the commercial exploitation of the image, name or voice to be structured under a dedicated agreement, with a royalty that should not be treated as salary where the statutory conditions are met.
Point requiring scrutiny: where the commercial exploitation exceeds the club's ordinary promotional use, separate remuneration should be considered and, where appropriate, negotiated. The agreement should specify the term, purpose, context, media, territory and method for calculating the royalty, in accordance with the requirement for precision governing any authorisation to exploit image rights.
3. Post-contract assignment period
Certain provisions allow the club to continue using the athlete's image for several years after the athlete has left the club.
In practice, a robust image-rights clause should answer a straightforward question: who is entitled to use the image, for what purpose, on which media, in which territory, for what duration and in consideration of what remuneration?
If any of these elements is unclear, the clause should be renegotiated.
Point requiring scrutiny: the assignment should terminate, or be strictly limited, upon expiry or termination of the sporting relationship with the organisation. The athlete should not remain the "face" of a club after leaving it, save where there is express agreement or a specific use linked to historical or institutional content featuring former players.
The importance of legal support at the pre-contractual stage
Many athletes are reluctant to negotiate for fear of jeopardising the signature of the contract. That concern is understandable, but it should not lead them to accept an imbalanced provision.
A properly conducted legal negotiation does not necessarily hinder the contractual relationship; on the contrary, it clarifies the parties' respective undertakings and helps prevent future disputes.
Pre-contractual legal support may, in particular, make it possible to draft limiting amendments designed to preserve the athlete's future rights; define clearly the areas of exclusivity so as not to compromise potential personal partnerships; secure the payment terms applicable to image rights; limit the term, media and territory of exploitation; and distinguish clearly between the club's promotional use and individualised commercial exploitation.
A clear, precise and balanced agreement is the foundation of a sound legal and commercial relationship between the athlete, the club, its partners and any third parties exploiting the athlete's image.
Conclusion
An image-rights clause should not be signed unless its scope and legal consequences are fully understood. An athlete's image reflects both their career and their "market value". Protecting that image means protecting their financial and personal future.
Before signing any agreement, the athlete should ensure that they understand precisely the scope of the rights being granted.
Under general law, Article 9 of the French Civil Code, as interpreted by the courts, protects image rights as an attribute of personality. The French Sports Code, in particular Articles L.222-2-10-1 and L.333-1, further makes it possible to distinguish normal exploitation connected with a sporting competition from individualised commercial exploitation of a person's name, image or voice.
Are you an athlete, the parent of a young athlete, an agent or a club executive, and are you faced with an image-rights clause that appears imprecise, excessive or difficult to interpret?
Before signature, a legal review of the contract can identify potential risks, secure the conditions governing the exploitation of the athlete's image and, where necessary, enable the negotiation of a clearer and more balanced clause.
The information contained in this article is provided for general information purposes only and does not constitute legal advice tailored to any specific situation. Each contractual arrangement must be assessed by reference to its particular circumstances, the athlete's status, the relevant discipline and the precise wording of the contract.