Commercial Use Of ‘Generic’ Sporting Images

Originally published in World Sports Law Report, Volume 5, Issue 6, June 2007 -'Australia: Image rights: commercial use of 'generic' sporting images', Claude Harran | Dibbs Abbott Stillman | Lawyers, http://www.e-comlaw.com/WSLR

Leo Barry’s case against Australian betting company, TabCorp, for the use of his image in promotional material, highlights the need for sporting organisations to consider what images can be used without obtaining further player consent when signing commercial agreements. Claude Harran, of Dibbs Abbott Stillman Lawyers, examines Barry’s claim and its chances of success.

What, if anything, is a sports personality’s image rights worth? When one considers the number of well paid sports superstars, it is clear that the value attributed to these individuals is not only as a result of their ability to be covered as news, but also because of the tribunal following they are bestowed with, resulting in businesses being able to exploit a fan’s passion through the use