Abstract
As the commercial and marketing aspect of the game continue to blossom, footballers are beginning to pay more attention to the own commercial value outside of the ‘beautiful game’. Image is particularly important for sport personalities as they constantly try to present their persona in the best possible way by pushing themselves into ‘perfection’ in order to enhance their popularity and marketability. Further, with the widespread commercialisation of the media, sport broadcasting has become a really big business thereby making it ever more important for parties to stake claims for their share. This heavy commercialisation of football has made it necessary to critically review the contractual relationship between footballers and clubs. It is quite normal for clubs to enter into employment contracts with their players wherein the players would be required the players to consent that the club uses their name, brand or image for its marketing and commercial activities. On the other hand, players might want to exploit the commercial value of their own image and persona. Is there a potential conflict here? How is or should the individual interests of the clubs and the players be managed? As it relates to the English Premier League, the answer to this query will be heavily dependent on our reading of Clause 4 of the Football Association Premier League (FAPL) standard contract which details the rights and duties of players and clubs. This paper analyses the implications of the image rights arrangements between the Premier League clubs and their footballers and consequently ascertain the fairness and efficiency of the bargain between the parties and as against external stakeholders.
Highlights
Football, which was once considered only a game, as metamorphosed into a never-ending drama, “a soap opera watched all over the world” [1]
Is there a potential conflict here? How is or should the individual interests of the clubs and the players be managed? As it relates to the English Premier League, the answer to this query will be heavily dependent on our reading of Clause 4 of the Football Association Premier League (FAPL) standard contract which details the rights and duties of players and clubs
The claim made by the Football Association Premier League was that the exclusive right for such stickers had been granted to a separate company to “use and reproduce official team crests and logos” in the production of stickers and albums
Summary
Football, which was once considered only a game, as metamorphosed into a never-ending drama, “a soap opera watched all over the world” [1]. As revealed by Deloitte, this staggering growth becomes more obvious if one considers that the revenue generated by premier league clubs in less than 2 full games in the 2016/17 session surpassed the whole broadcast revenue generated for all the first division matches 25 years ago [3] This monumental growth is underscored by the fact that many people are literally “addicted” to the beautiful game’ with billions hooked to their TV screens to watch the of the volley of weekend and weekday spectacles. This paper analyses the implications of the image rights arrangements between the Premier League clubs and their footballers and ascertain the fairness and efficiency of the bargain between the parties and as against external stakeholders It would explain the concept of image right.
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