PROTECTING SPORTS IMAGE RIGHTS IN ITALY
Italy is one of those countries in which image rights are legally recognised and protected as such.
The image rights of sportspersons are a valuable commodity and include, amongst others:
- a sportsperson’s name, nick name or initials;
- their squad number;
- their image or photograph;
- their voice;
- their autograph;
- their social media handles;
- their back story; and
- other personal characteristics.
In this context, the expression “image” is used not in its narrow sense of “likeness”, but in its wider sense of “persona” or “brand” to use a marketing term.
Taking football, for example, the image rights of players may be used by clubs to endorse the products and services of their sponsors and thereby provide players with an additional source of income.
Image rights in Italy are legally protected under article 10 of the Italian Civil Code and articles 96 and 97 of the Copyright Law (No. 633/41). This means that sportspersons can choose by whom and when their images may be seen and can stop third parties from using their images without their consent. However, under article 97 of the Copyright Law, consent is not required where the use of the image is justified by the notoriety of the person concerned or where the image is necessary for public, scientific, educational or cultural purposes.
Where image rights are used without consent, sportspersons can take legal action and obtain injunctions to stop such unauthorised use and also obtain damages. The quantum of financial compensation will depend upon the notoriety of the sportsperson concerned and reflect the amount that the sportsperson would have earned had their image been used with consent. In other words, a licence fee according to the market will be applied.
It should be mentioned that Italian sports federations can limit the commercial use of sportspersons image rights in cases where their technical sponsors conflict with their technical sponsors. Such cases will need careful handling through the corresponding contractual arrangements.
Also, where the unauthorised use of sportspersons image rights constitutes a criminal offence, the relevant provisions of the Italian Penal Code will come into play. For example, where the use of the image is accompanied by defamatory or insulting words.
We advise sportspersons, clubs, sponsors and Italian sports federations on the legal protection and commercial exploitation of image rights and represent them in any corresponding disputes.
We also advise on the tax sheltering arrangements of sports image rights revenues.
For further information, please email Sara Botti, the Head of our Italian Law Practice Group, at ‘botti@valloni.ch’.