1. Athlete Image Rights Presentation to Sport Information Resource Centre Brian A. Ward, B.C.L. LL.B

2. Presentation Overview What are image rights Defining ownership of image rights Use of image rights Managing the issue of image rights

3. Beckham splits with sponsor ahead of MLS debut The Ottawa Citizen Published: Sunday, July 08, 2007 BOSTON - English soccer star David Beckham has split from sponsor Gillette just ahead of his American debut with the Los Angeles Galaxy of Major League Soccer. Beckham has had a three-year endorsement agreement with Gillette but the Proctor and Gamble company brand of grooming products split with Beckham, company spokesman Michael Norton told the Boston Herald. Beckham's demands for control over his image reportedly doomed talks of extending the deal, although Norton would say only the contract was ended by "mutual agreement.“ Next Friday, Beckham will be introduced as a member of the Galaxy after ending his career at Real Madrid. His five-year contract with the Galaxy is worth up to $250 million U.S., but only $27 million comes from playing. The remainder is from other deals, some of which revolve around Beckham keeping control of his image. The MLS will try to create "Beckham-mania" in U.S. cities, having already used the promise of tickets to a Beckham visit in every MLS city this year to sell tickets to other matches. © The Ottawa Citizen 2007

4. What are image rights? Personality Rights Publicity Rights Privacy Rights

5. Definition of Athlete’s Image Rights An athlete’s marketable identity and/or any trait that uniquely identifies the athlete Examples include: Name(s) Nick Name(s) Likeness Portrait Performance (under certain circumstances)

6. Definition of Athlete Image Rights Examples include (cont’d): Biographical Facts Character Reputation Goodwill Personality Trademark Registrations

7. Ownership of Image Rights Athlete image examples clearly and absolutely owned by the athlete NSO’s and sponsors have no ability or authority to use an Athlete’s image without his consent Put a uniform on him - the issue of athlete image rights becomes problematic – intermingling of ownership rights

8. How can this photo be used?

9. Use of Image Rights An Athlete in your Organization wins the World Championships Can the Organization use the photo in a press release announcing the victory? Can one of the branded sponsors unilaterally use the photo in an advertisement for their product? Can one of the branded sponsors run a congratulatory advertisement with only their logo present on the athlete? Can one of the branded sponsors run a congratulatory advertisement with the photo unchanged with text associating the achievement with the success this company enjoys. As an example, “Jim Jones hard work resulted in a World Championship, we work that hard for our clients so that they can feel like world champions.” ? Can one of the branded sponsors run a an advertisement with the photo unchanged simply stating, “Congratulations Jim Jones”?

10. Use of Image Rights Are you informing the public? Or ….improperly associating your product with the Athlete

11. Managing Image Rights Protecting or understanding the rights of the Athlete, the NSO and team sponsors Has the Athlete consented to the use of his image? For what purpose? Can the Athlete enter into agreements with sponsors who are competitors with team sponsors?

12. Managing Image Rights Athlete Agreement – contract with Athlete Does the NSO have to be a party to all Athlete sponsorship contracts What rights does the Athlete have in his personal capacity Contract between Team Sponsor and NSO

13. Managing Image Rights What are the Athlete’s requirements relative to Team Sponsors Resolving disputes – ADR Just when you thought it could not get more complicated – effect of the Charter and the NCAA

14. Conclusion Partnership between Athletes, NSO and Sponsors Effective Dispute Resolution when the process breaks down Lawyers are our friends