Players’ image and marketing rights

I first identify whether the player is recognisable and whether the planned use also includes the player’s name, voice, shirt number or sporting role. The purpose must then be defined: club information, a report, advertising, merchandising or a sponsor campaign.

For a recognisable portrait, section 78 of the Austrian Copyright Act protects against publication that infringes the legitimate interests of the person shown. Consent may permit a use, but it does not replace a careful assessment of purpose, reach and contract wording. Section 43 of the Austrian Civil Code can also be relevant where a person’s name is used without authorisation or in a way that affects protected interests.

A player contract does not automatically grant every image and marketing right in every desired form. A workable clause should indicate the media, territories, duration and purpose covered. It should also address editing, transfers to agencies or platforms, remuneration and use after the contract ends.

Consent is only as reliable as its documented scope. Permission for team photographs on a club website does not necessarily answer whether the same photograph may be used in a paid advertising campaign by a sponsor. A licence must be read according to the use it actually permits. If the wording is unclear, the planned publication should be clarified before release.

The distinction between club communication and commercial marketing deserves particular care. A club may have one interest in match reports, squad pages or youth development, while a sponsor may want to use the player in a product campaign. League, federation or platform rules may also affect the use, but they do not replace the individual contract.

Use after a transfer or the end of a contract requires a separate assessment. An old report does not automatically have to be removed, while a new campaign, a permanent website presentation or merchandising featuring the player may raise different issues. The original permission, the current contract and the planned publication should therefore be reviewed together.

For underage players, the involvement of the legal representative, the precise consent and the purpose of the use must be examined separately. This is especially important for public campaigns, social media, long-term archive pages and transfers to third parties.

Recordings from private, medical or otherwise sensitive situations require particular restraint. A sporting context alone does not answer whether publication infringes the legitimate interests of the person shown.