Image Rights Licenses
1. Introduction
The sports industry is based on valuing not only athletic performance but also image and recognition as economic assets . Professional soccer players, basketball players, e-sports players, or coaches generate significant income from the commercial use of their names, photos, jersey numbers, and facial expressions.
The legal basis of this economic sphere the right to a public image. In Turkish law, the right to a public image, regulated as an extension of personality rights, is contractually licenseable, non-transferable, but the right to use it can be authorized .
2. Legal Basis of Image Rights
2.1. Personality Rights within the Scope of Articles 24-25 of the Turkish Civil Code
Turkish Civil Code Article 24: "A person whose personal rights have been violated unlawfully may request protection from the court."
Image rights are the right to protection against the unauthorized use of personal elements such as photographs, images, and sounds.
This right is absolute and can be asserted against third parties.
Supreme Court of Appeals, 4th Civil Chamber, Case No. 2019/1721, Decision No. 2020/1864:
"Using a person's photograph without permission, without explicit consent, constitutes a violation of their personal rights."
2.2. FSEK Article 86 and Protection of Visual Works
Law on Intellectual and Artistic Works (FSEK), Article 86:
"No one's portrait may be displayed, reproduced, or published without their permission."
This regulation complements the intellectual property aspect of image rights.
Therefore, the use of images of athletes or artists in advertising, licensing, or NFT formats is directly related to this provision.
3. Image Rights Agreements and Licensing
3.1. Nature of the License Agreement
Image rights are non-transferable, but usage rights (licenses) can be granted. Therefore, the agreement constitutes a non-exclusive or exclusive license
Turkish Code of Obligations, Article 26: “The parties may freely determine the content of the contract within the limits prescribed by law.”
Image licenses typically cover the following areas:
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Advertising campaigns,
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Product presentations,
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Game and NFT projects,
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Sponsorship visuals,
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Social media content.
3.2. Form and Validity
Image licensing agreements are subject to written form; otherwise, their validity becomes questionable.
This requirement is enforced both by Article 52 of the Law on Intellectual and Artistic Works (written form for contracts for works) and ease of proof .
4. Scope of Contractual Authorization
4.1. Limits of Authorization
An athlete can only license their image rights specific products, durations, or platforms .
For example, if permission is granted for "use in jersey advertisements," this permission cannot be extended to social media campaigns.
Supreme Court 11th Civil Chamber, Case No. 2020/1351, Decision No. 2021/1816:
"Using visuals in areas not covered by the contract will be considered unauthorized use."
4.2. The Sub-License Issue
The licensee may re-license third parties only if there is an explicit provision for such re-licensing.
If this authorization is not granted, the sub-license becomes invalid and unfair competition provisions come into play (Turkish Commercial Code, Articles 54 et seq.).
5. Legal and Criminal Consequences of Violations
5.1. Legal Protection – Turkish Civil Code Article 25
The person whose personal rights have been violated;
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The attack must stop
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Eliminating the consequences,
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The claim for moral damages,
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They can request that the work be confiscated or its publication be stopped.
Supreme Court of Appeals, 4th Civil Chamber, Case No. 2018/12345, Decision No. 2019/2341:
"Using a professional athlete's photograph in an advertisement without their permission will result in compensation."
5.2. Criminal Protection – Turkish Penal Code Article 134
"Unauthorized disclosure of images or sounds relating to a person's private life is punishable by imprisonment for one to three years."
Unauthorized use of images for advertising and promotional purposes a violation of the right to privacy .
6. Image Rights Disputes in the Field of Sports
6.1. Use of Collective Image
Teams want to use player images in group photos as a "team right."
However, individual promotion (for example, a player's individual advertising campaign) cannot be done without the club's permission.
CAS 2017/A/5201 – Player v. Club:
"Collective use does not substitute for individual commercial licensing."
6.2. National Team Image
Image rights acquired while wearing the national team jersey are not public domain.
Therefore, federations can only use player images for "national promotion" purposes.
7. Third-Party Breach and Compensation
If third parties (e.g., media agencies, brands) use an athlete's name or photograph without permission;
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Tort (Turkish Code of Obligations, Article 49),
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Unfair competition (Turkish Commercial Code, Article 54),
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Article 86 of the Law on Intellectual and Artistic Works shall apply.
Supreme Court 11th Civil Chamber, Case No. 2021/2143, Decision No. 2022/2156:
"Using an athlete's image in advertising for unbranded products constitutes both a tort and a violation of personal rights."
8. The Economic Value and Tax Aspects of Image Rights
Income from image rights is generally self-employment income (Article 65 of the Income Tax Law).
However, depending on the nature of the contract;
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royalty (license fee),
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Or it could be considered as a fee for advertising services
This distinction VAT liability and withholding tax rate .
9. Image Rights Disputes Between Clubs and Athletes
Clubs may wish to keep a portion of the image rights revenue for themselves. However, this requires a separate agreement , not an ancillary part of the employment contract
Supreme Court 9th Civil Chamber, Case No. 2020/1643, Decision No. 2021/1842:
“The player’s image rights income cannot be included in the club’s share; this income is based on a special, non-contractual right.”
10. Digital Space and Social Media Violations
Today, image rights violations mostly occur on digital platforms
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Social media posts,
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NFT sales,
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Deepfake content created using artificial intelligence.
CAS 2021/A/7906 – Player v. Digital Brand:
"Selling actor photos as NFTs constitutes a violation of image rights."
Therefore, contracts must include explicit provisions regarding "digital usage areas.".
11. Contractual Protection Clauses
Example Article
“Under this agreement, the licensee may use the athlete's name, photograph, and image solely for the promotion of the X brand, exclusively in Türkiye, and for a period of one year. This information may not be transferred to third parties without the written consent of both parties.”
Such records contractual boundaries Obligations, and prevent potential breaches.
12. International Approach and CAS Case Law
CAS 2016/A/4787 – Player v. Federation:
“Image rights are a personal right; contractual arrangements can only provide limited rights of use.”
CAS 2019/A/6175 – Athlete v. Sponsor:
"The absence of a specified duration and geographical scope in an image rights license results in invalidity."
These decisions demonstrate that the right to an image is protected internationally a fundamental personal right .
13. Conclusion and Evaluation
Image rights have become one of the most important areas of sports law, combining economic and personal dimensions.
The fundamental principle in Turkish and international law is clear:
"Image is personal, but authorization is limited."
Therefore, licensing agreements between athletes and clubs must:
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It must be done in writing
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The scope, duration, and area of application must be determined
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The ban on sublicensing should be explicitly stated
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Digital platforms also need to be regulated.
In this way, both economic value is protectedand personal rights are prevented.
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