Image rights of athletes: a fundamental individual right
Although superficially, we all understand that we have a certain right about our own image, that is, about the use of our person’s image representations. However, the issue usually becomes a little more complex when we talk about image rights;Above all, of athletes and other public figures.
Perhaps this has to do with some difficulty of differentiating the right to privacy and private life of these celebrities;And this in a public sphere of mass reach. In addition, advertising actions precisely make use of the image of famous charismatic people, to generate empathy in the public.
However, it is evident that a person should not abdicate their basic rights as a citizen and individual to devote themselves to sport, arts or politics. Thinking about it, we will talk a little more about the image rights of athletes in this article. Exactly what is the right to image?
What is the right to image and how legally regulates?
In simple terms, the right to image is that right that all people possess: allows them to protect or protect the projection and use of their own image. Among other things, the consideration of this law enables the undesirable, inappropriate or defamatory jobs of the image of a person.
If we speak in the judicial field, it consists of an essential right that is constitutionally protected, through article 18.1. This text determines that: “The right to honor, personal and family intimacy and the image itself is guaranteed."
In this way, the right to image is legally considered a right of personality. Therefore, its violation can constitute a reason for appeal for amparo before the Constitutional Court, as provided in article 53.2 CE.
Although it is guaranteed by the Constitution, the specific legal development on image law is in Organic Law 1/1982, on the Civil Protection of the Right to Honor, Personal privacy and the image itself.
Regulation of image rights of athletes
To begin with, we need to understand that the image of athletes and other public figures is not free. Its use in advertising campaigns or for other dissemination purposes is due to previously established conditions, in a contract with certain brands, companies or sports entities.
In this way, every time the image of an athlete is projected in an advertisement of television or on social networks, for example, the brand must pay a certain sum previously agreed with the athlete and its representatives.
That is, the celebrities of the sport (and also of other areas) receive economic remuneration instead of the use of their image for advertising purposes.
Logically, respecting the image rights of athletes, these advertising actions that benefit from the projection of their image are expressly authorized and by contract by the athlete.
However, many times the authorization must be offered by the club that represents or with a society that stops the rights to use its image;especially in case it is determined in the employment link contract previously established between the parties.
Societies and image rights of athletes
According to Royal Decree 1006/1985, which regulates the special employment relationship of professional athletes in Spain, the commercial exploitation of an athlete’s image can be regulated by collective agreements or individual pacts.
Consequently, there is no unique treatment in this area and is increasingly common that societies stop the image rights of athletes. At the time of signing a contract for advertising campaigns, the negotiation and agreement is not concluded directly with the athlete, but with the representatives of these companies.
However, this system is in the spotlight of the Spanish justice thanks to the finding of numerous cases of fraud in the contracts signed by the societies of this nature. By yielding your image rights to a foreign society, it also yields much or all the economic benefits obtained by the commercial exploitation of your image.
The main problem is that, through these agreements, the movements are not declared or registered with the Spanish Public Treasury.
Therefore, the intention is to generate more effective fiscal control mechanisms;It is about forcing and stimulating that these income declare themselves as profit obtained from a work or economic activity.
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