The rights to exploit an individual’s image or personality for endorsement or advertisement of a brand or product have provided individuals in public-facing industries, including the sporting industry, a strong alternative source of income. In a departure from its legal framework, the Italian judiciary has narrowed the means by which image rights can be exploited by ruling that the rights are under the absolute control of the persons to which they relate. This has drawn the attention of European legal professionals, who have otherwise seen industry figures increasingly place contractual controls on the exploitation of image rights.
In this article from Sports Law Administration & Practice, Squire Sanders associate Oliver Howley expands on the contrast between Italian court decisions, Italian law and commonplace worldwide industry practices.
Reprinted with permission of the publisher.