Image Rights In UK Football Explained

Introduction

In order to understand what image rights are, it's probably best to understand where they fit into the wider football industry. Unsurprisingly, clubs have traditionally paid its players solely for playing football. This relationship is evolving. As commercial drivers push football into the entertainment and brand space, clubs are looking for a variety of ways to 'monetise' and grow their revenue base. As such, clubs are entering into a multitude of commercial partnerships whereby brands want to be associated with clubs and their high-profile players. Some Premier League clubs have in excess of 70 commercial partners, all seeking the right to use the image of high-profile players in their advertising.

From a variety of commercial deals I have advised on a player's image can include a player's name, nicknames, likeness, image, photograph, signature, autograph, initials, statements, endorsement, physical details, voice and other personal characteristics. The idea is that the above descriptions include everything that may form part of that player's image for the player and/or his club to then market accordingly.

Although practically speaking there is no such thing as a specific image right (I'll save the legal detail for another day!), a club and/or brand will be paying a player to endorse and promote a number of specific commercial deals.

Players and their Image Rights

In order to set up an image rights company for a player, it must be clear that the individual has an image that has a value to sponsors. Once the image right is transferred to an image rights company, the company will contract with the player's club and commercial partners. It may well be that any club deal limits a player's personal deal options (i.e. Arsenal may ensure that its players cannot endorse another airline, even in a personal capacity, as Arsenal are sponsored by Emirates) or even seek to share in revenues from personal deals in return for seeking to source individual deals for players.

Once the company is established and the rights transferred, if the player is transferred to another club there will likely be an employment contract and image rights agreement negotiation.

From the outside, it is easy to presume that an agent might say to a club, "we want £5 million a year, £4m as salary and £1m to the image rights company". Based on my experience and dealing with agents and accountants, the deal is not usually structured like that because the player's...