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Image right clauses in football contracts: masterstroke for mutual success?

Al-Ameen, Hammeed Abayomi 2017. Image right clauses in football contracts: masterstroke for mutual success? Intellectual Property Rights 5 (1) , 185. 10.4172/2375-4516.1000185

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Abstract

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 cmmercialisation 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.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Image right; Intellectual property; Sports; Football; Marketing
Publisher: OMICS International
ISSN: 2375-4516
Date of First Compliant Deposit: 31 July 2017
Date of Acceptance: 16 March 2017
Last Modified: 08 May 2019 02:44
URI: http://orca.cf.ac.uk/id/eprint/103024

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