In an era where athletes are often as influential online as they are on the field, managing their digital presence is becoming increasingly complex, especially for sports associations, clubs, and managers.
Social media profiles and brand partnerships have evolved from mere add-ons to valuable assets—raising critical questions about who truly owns these profiles and the legalities surrounding digital endorsements. Let’s explore the intricacies of ownership, brand deals, and the potential pitfalls for sporting associations and managers.
Who Owns Athletes’ Social Media Profiles?
The debate over ownership of an athlete’s social media profile typically centres on control and influence. While athletes are the public face of these accounts, behind the scenes, the influence of managers, sponsors, and associations is considerable. In Australia, several factors can influence ownership rights, including:
1. Contractual Agreements:
Most ownership disputes stem from contractual terms set between athletes and their teams or associations.
Contracts may outline who maintains access, dictates posting guidelines, and even determines ownership of the account upon contract termination. If an athlete’s contract explicitly states that social media profiles are “association-owned,” the profile may stay with the association even after the athlete departs.
2. Intellectual Property and Branding:
An athlete’s image, name, and likeness are protected under intellectual property law, allowing them to control how their identity is used. If an association posts content that uses an athlete’s likeness without permission, it may face claims of unauthorised use. Yet, where sponsorship deals are signed with teams, the association often has leverage to direct how and where the athlete’s image appears.
3. The Athlete’s Right to Privacy and Persona:
Australian law, like that in many jurisdictions, provides certain protections over individuals’ right to privacy and control over their personal image and persona. Where an athlete’s social media profile is entirely personal, associations generally have limited say. However, when profiles intertwine personal content with brand promotions associated with a team, conflicts over ownership rights may emerge.
The Rise of Digital Endorsements and Brand Deals
Endorsements are no longer limited to television and print; social media provides athletes a lucrative platform to promote brands directly to their fans. With this rise in online sponsorships, however, come legal challenges, particularly for sporting groups:
1. Sponsorship Conflicts:
Athletes often attract individual sponsorships that may conflict with team or association sponsors. For instance, if an association is sponsored by a major sports drink brand, and the athlete promotes a competing product on their personal account, this could create tension and contractual disputes.
2. Content Control and Approval Rights:
Who has the final say over what an athlete posts on social media? Associations sometimes demand control over athlete accounts to avoid posts that conflict with their values or existing sponsorships. However, demanding too much control can alienate athletes and lead to disputes if there’s no clear understanding of what is permissible.
3. Compliance with Advertising Regulations:
The Australian Competition and Consumer Commission (ACCC) enforces strict guidelines on sponsored content disclosure. Athletes and associations alike must be aware of these regulations to avoid penalties. Misleading endorsements or failure to disclose sponsored content could result in hefty fines and damage the credibility of both the athlete and the associated team.
Legal Considerations for Sporting Groups and Managers
Navigating ownership and digital endorsements requires clear legal strategies. For sporting groups and managers, establishing best practices in contracts and communications with athletes can mitigate potential disputes:
1. Define Ownership in Contracts:
Contracts should clearly outline who owns the social media account and define control parameters. If the association intends to maintain ownership over profiles, that must be stipulated early. Alternatively, if an athlete maintains account ownership, the association may seek content approval rights over posts during the athlete’s active contract period.
2. Include Brand Endorsement Clauses:
Clear endorsement clauses can prevent conflicts by delineating what types of endorsements are allowed. These clauses should address potential conflicts with association sponsors and clarify if athletes can pursue personal deals independently.
3. Seek Mutual Agreement on Content Guidelines:
Sporting associations and athletes should agree on broad guidelines that ensure the content aligns with the association’s values. This can prevent reputational harm while still respecting the athlete’s voice and authenticity on their platform.
4. Regularly Update and Review Sponsorship Agreements:
Digital trends evolve rapidly, and the agreements made today may not account for tomorrow’s developments. Associations should regularly revisit their sponsorship and endorsement clauses to ensure they reflect current legal standards and market expectations.
Final Thoughts
As athletes’ digital personas become inseparable from their professional brands, navigating ownership and endorsement rights on social media will be critical for all involved parties.
For sporting associations, a proactive legal approach can help avoid pitfalls while fostering strong partnerships with athletes. Clear, precise contracts and regular communication are essential to creating a harmonious relationship in this complex digital landscape, where an athlete’s social media account can hold as much value as their on-field performance.