The money athletes earn from the commercial use of their image rights has increased significantly in recent years. These rights are a valuable asset, with major commercial potential. Thus, now more than ever, it’s crucial for athletes to protect their image from unauthorized use.
In some countries, such as the United States, France, and Germany, personality rights are recognized and legally protected. However, in others like the United Kingdom and Ireland, no specific legal framework exists to define or enforce image rights. This legal gap makes it harder for athletes to protect their image against unauthorized use.
In the U.S., personality rights allow public figures and celebrities to prevent the unlicensed use of their name, image, signature, or persona. These rights fall into two categories: the right of publicity and the right of privacy.
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The right of publicity protects a person’s image and likeness from being commercially exploited without their permission or payment, functioning much like a trademark.
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The right of privacy prevents others from using or publicly displaying a person’s image without consent.
In the UK, the legal approach is different. In the case of Rihanna vs. Topshop (Robyn Rihanna Fenty and Others -v- Arcadia Group Brands Limited and Others [2015] EWCA Civ 3), Justice Birrs confirmed that “there is in English Law no ‘Image Right’ or ‘Character Right’ that allows a celebrity to control the use of their name or image.”
This case—and others like it—highlight the limitations of relying solely on copyright or trademark law for protecting image rights. These traditional tools are often not sufficient. For an athlete or celebrity to win a legal claim, they must prove two things:
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They had significant reputation or goodwill at the time of the alleged misuse.
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The defendant’s actions created a false message that their product or service had been endorsed by the celebrity, misleading a significant portion of the public.
Furthermore, a more progressive example comes from Guernsey. In 2012, the English Channel Island established the International Image Rights Registry. This registry allows athletes and other public figures to formally register their image rights, much like a trademark, offering clearer legal protection.
Under Guernsey law, the core right is the registered personality. This can include:
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Natural or legal persons
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Joint personalities
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Groups (e.g. sports teams, music groups)
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Fictional characters
Once registered, these rights become the personal property of the registrant. They can be sold, licensed, or transferred. Legal protection begins on the date of application.
Key Benefits of Guernsey’s Image Rights Registration:
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Legal clarity: The registry defines the scope and limits of image rights, along with public interest exceptions.
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Public declaration: It offers a public record of the rights a registrant claims and intends to protect, useful in contracts and disputes.
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Proprietary rights: These rights exist independently, similar to intellectual property, and don’t rely solely on contractual terms.
However, not every application gets approved. Therefore, Guernsey may reject registrations that are indecent, deceptive, or filed in bad faith.
For more information on the protection of an athlete’s image rights please get in touch with us via e-mail at [email protected].