SPORTS IMAGE RIGHTS IN TURKIYE

Whilst legally recognised in Türkiye, sports image rights are not as extensively developed and exploited as in many other European countries and elsewhere, for example, the United States. But this is likely to change in the foreseeable future.

Primarily protected under unfair competition principles and the right of personality, under the provisions of the Turkish Commercial Code No. 6102 of 13 January 2011, there is no specific legal framework covering image rights in Türkiye.

Although, when used creatively, they generate economic value for the parties that commercially exploit them, they are not prominent in Turkish football, nor very often mentioned in football transfer and/or employment agreements at present.

Sports mage rights generally cover individuals’ likenesses, names, nicknames, signatures, and other identifying characteristics that are inextricably linked to their personalities and, when commercially exploited, are broadly defined in practice.

Any use of an individual’s image without their consent, or in violation of their right of personality, is, in general, illegal, unless a superior private or public interest, or an authority granted by law, justifies such use.

Sports image rights are used for commercial purposes, such as endorsements and sponsorships, but this is not so common in the sporting context in Türkiye.

However, for tax mitigation purposes, when sports image rights are commercially exploited in Türkiye, they should be the subject of separate agreements and not included in sports employment agreements, even though they are an additional kind of salary, such as performance bonuses.

We advise on sports image rights in Türkiye, including negotiating, drafting  and concluding the corresponding agreements and commercial arrangements, and further information is available from Gurur Gaye Günal, the Head of our Turkish Law Practice, by emailing her at gunal@valloni.ch.