Who this article is for:

• Professional footballers.

• Academy players progressing towards the professional game.

• Football agents and agencies.

• Players with sponsorship or endorsement opportunities.

• Families seeking to understand image rights and commercial opportunities.

Professional footballers are valuable not only because of their performance on the pitch, but also because of their profile, reputation and public image.

As a player's profile grows, commercial opportunities often follow. Sponsorship agreements, social media partnerships, endorsement arrangements and media appearances can all form part of a footballer's commercial portfolio.

Understanding image rights is therefore becoming increasingly important, particularly as technology, artificial intelligence and facial recognition continue to evolve.

What Are Image Rights?

In simple terms, image rights relate to the commercial value associated with a player's identity and public profile.

This may include:

• Name;

• Photograph;

• Signature;

• Voice;

• Reputation;

• Social media presence; and

• Other identifiable characteristics associated with the player.

For professional footballers, image rights can form an important part of wider commercial arrangements.

Why Do Image Rights Matter?

Many commercial opportunities rely on the ability to use a player's image or reputation to promote products, services or brands.

Examples may include:

• Sponsorship agreements;

• Boot deals;

• Social media campaigns;

• Advertising campaigns;

• Personal appearances;

• Merchandising arrangements; and

• Media and broadcasting opportunities.

Before allowing commercial use of their image, players should understand what rights are being granted and how those rights may be used.

Sponsorships, Endorsements and Commercial Partnerships

As a player's profile grows, they may be approached regarding commercial opportunities.

These arrangements often contain provisions dealing with:

• Exclusivity;

• Social media obligations;

• Promotional appearances;

• Content approval rights;

• Restrictions concerning competing brands;

• Duration of the agreement; and

• Termination rights.

Players should ensure they understand the practical commitments involved before entering into a commercial arrangement.

The value of a sponsorship agreement is not always measured purely by the financial payment being offered.

Social Media and Digital Content

For many footballers, social media has become one of the most valuable commercial assets they possess.

A player's online presence may influence:

• Sponsorship opportunities;

• Commercial value;

• Brand partnerships; and

• Public profile.

Players should therefore consider how commercial agreements interact with their social media activity and any obligations to publish content or promote third-party products.

AI and Footballers' Image Rights

Artificial intelligence is creating new opportunities and new risks for professional footballers.

AI technology can now generate highly realistic images, videos and audio content that may appear to feature real players.

As AI develops, questions increasingly arise regarding:

• The commercial use of a player's likeness;

• AI-generated advertising content;

• Synthetic player images;

• Digital recreations of players; and

• The unauthorised use of a player's identity for commercial purposes.

Many legal and regulatory issues surrounding AI continue to develop. However, players should be aware that the commercial value of their image may extend beyond traditional forms of media and advertising.

Personality Rights and the Future of Player Protection

The legal protection available to footballers in relation to their image, likeness and identity continues to evolve. Unlike some jurisdictions, the United Kingdom does not currently have a standalone statutory "personality right" giving individuals a single, comprehensive right to control commercial use of their identity.

As artificial intelligence, facial recognition technology and digital content become increasingly sophisticated, there have been growing calls for stronger legal protections. Issues concerning the unauthorised use of a person's name, image, voice or digital likeness are likely to become increasingly important for professional footballers and other public figures whose commercial value is closely linked to their personal brand.

Players should therefore be aware that the legal and regulatory landscape in this area is continuing to develop alongside rapidly changing technology.

Facial Recognition and Biometric Technology

Advances in facial recognition technology are creating additional considerations for professional footballers.

Certain technologies are capable of identifying individuals through facial features, images or video footage.

As the use of biometric technologies becomes more widespread, questions may arise concerning:

• The collection of biometric information;

• The use of player images by third parties;

• Privacy considerations; and

• The commercial exploitation of identifiable digital likenesses.

These issues continue to evolve alongside developments in technology and regulation.

Who Owns Commercial Rights?

A common misconception is that a footballer automatically controls every aspect of their image in all circumstances.

In reality, a player's contractual arrangements may affect how particular rights are used.

Relevant agreements may include:

• Playing contracts;

• Sponsorship agreements;

• Representation agreements;

• Commercial agency agreements; and

• Other licensing arrangements.

Understanding how these agreements interact is often important when commercial opportunities arise.

Image Rights Disputes and Unauthorised Use

As a player's profile grows, disputes concerning image rights and commercial exploitation can become increasingly common.

Issues may arise where a player's name, image, likeness, voice or reputation is used without appropriate permission or outside the scope of an existing agreement. Disputes can also occur where there is uncertainty regarding the ownership of rights, the scope of a licence or the interaction between a player's contractual arrangements and commercial opportunities.

In certain circumstances, wider intellectual property issues may also arise. These can include the unauthorised use of photographs, advertising content, digital assets, branding materials or other content connected with a player's commercial activities. As technology continues to evolve, disputes involving AI-generated content, digital replicas and synthetic uses of a player's likeness are also likely to become increasingly important.

For professional footballers, protecting commercial rights often involves not only understanding the value of those rights, but also ensuring that appropriate contractual and legal protections are in place before disputes arise.

Common Issues That Arise

Players may wish to obtain advice where:

• An image rights agreement is being proposed;

• A sponsorship or endorsement deal is being negotiated;

• AI-generated content appears to use their likeness;

• A third party is using their image without permission;

• There is uncertainty regarding contractual rights; or

• Multiple commercial arrangements may overlap.

Early advice can often help avoid disputes and protect future commercial opportunities.

Why Specialist Advice Matters

Image rights issues frequently sit at the intersection of:

• Professional football;

• Commercial law;

• Sponsorship arrangements;

• Intellectual property;

• Reputation management; and

• Emerging technologies such as AI and facial recognition.

As footballers increasingly build brands that extend beyond the pitch, understanding these issues can become just as important as understanding the underlying playing contract.

Need Advice?

Barrington Atkins advises footballers, football agents and agencies on image rights, sponsorship arrangements, commercial agreements, representation agreements and wider issues affecting professional footballers throughout their careers.