The commercialisation of sport

Produced in partnership with Craig Giles of Bird & Bird

Practice notes

The commercialisation of sport

Produced in partnership with Craig Giles of Bird & Bird

Practice notes

Sport has undeniably become a major industry in its own right. However, as a matter of English law there are no standalone proprietary rights in a sport or sporting event: a sports organisation cannot claim an absolute legal right to claim all the commercial revenues derived from an event purely by virtue of the fact it organises that event. The same can be said for the individual rights which one usually associates with the 'commercialisation' of a sport; for example, there are no standalone sporting media rights, sponsorship rights or image rights.

This Practice Note provides an overview of the legal and contractual rights that a sports organisation can rely on, and the practical steps that it can take to create valuable proprietary rights in the sporting properties that it owns or stages, and to commercialise those rights effectively.

Operation and control of venues

For many sports organisations, the venue at which an event is staged not only serves as the 'home' of a team and focal point for their fans, but also serves as the keystone

Craig Giles

Bird & Bird

Craig is a Partner in the Sport and Media Groups of Bird & Bird LLP.

He advises on a range of commercial issues connected with sport, including sponsorship, media rights, image rights, staging agreements, agency agreements, merchandising, licensing, funding agreements, brand protection and ticketing measures. He represents clients across all major sports, including football, rugby, tennis, cricket and athletics, as well as a range of broadcasters, event organisers and sponsors.

His work also encompasses advising clients on gambling regulations, e-commerce and advertising and promotional campaigns in broadcast and non-broadcast media, including comparative advertising, prize promotions and competitions, and complaints before the Advertising Standards Authority and Ofcom.

Jurisdiction(s):

United Kingdom

Key definition:

image rights definition

What does image rights mean?

The term ‘image rights’ is used to refer to an individual’s proprietary rights in their personality and the ability to exploit, and to prevent unauthorised third parties from making use of, an individual’s persona, including their name, nickname, image, likeness, signature and other indicia that are inextricably connected with that individual. A number of jurisdictions have specific laws preventing the use of a person’s personality for commercial purposes, including the US, France and Germany. Guernsey has even taken the unique step of establishing a registered image right. The UK, however, does not have any codified or consolidated legislation that confers such protection. Under English law, an aggrieved celebrity will have to piece together a cause of action to prevent the unauthorised use of their image from a patchwork of statutes, common law, IP rights and regulatory protections.

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