Image rights and social media in player contracts: clubs, sponsors and private use

A team photograph on a club channel, a player profile on a website and a sponsor’s social media post are not automatically the same use. The contract, the person shown, the purpose, the channel and the agreed reach all matter. This article uses a typical practical situation to explain what players, clubs and sponsors should clarify before publication.

The distinction between club communication, paid advertising and a private post is particularly important. A general reference to image or marketing rights does not answer every later use. Comparing the planned publication with the actual documents helps prevent disputes about reach, duration and approval.

The practical case: one photograph on several channels

A club wants to use a photograph of a player on its website, in a match report and on Instagram. An equipment supplier also wants to use the same image in a paid campaign. The player has signed a contract referring to marketing rights and asks whether this also covers the supplier’s advertising and a later private post by the club.

The answer does not depend on the words marketing rights alone. Each intended use should be recorded by reference to the image, content, publication place, purpose, audience, duration, territory, editing and people involved. A match report may serve a different purpose from product advertising. Rights in the photograph itself may also belong to the photographer and must be distinguished from the rights of the person shown.

A simple table is useful for the first review: who publishes what, on which channel, for which purpose, for how long and on the basis of which approval? This shows whether the agreement covers the actual campaign or whether an additional consent should be obtained before publication.

Define the scope and purpose of image use clearly

An agreement granting image or marketing rights should describe the intended uses as clearly as possible. This may include a club website, matchday communication, press work, social media platforms, merchandising or an advertising campaign. Editing, cropping, captions, translations and transfers to agencies or platform operators should also be addressed where they are actually planned.

Reach is not only a technical question. A public post may be accessible worldwide even though the intended communication is limited to the club community. A campaign may also involve repeated publication, paid distribution, target groups and archiving. The broader the use, the more important a documented consent becomes.

Section 78 of the Austrian Copyright Act protects against publication of a portrait that infringes the legitimate interests of the person shown. It does not replace contractual interpretation, but it explains why a concrete assessment of the use and the interests involved remains necessary even in a sporting context.

Distinguish club channels, sponsors and suppliers

Club communication may inform about a squad, a match or youth work. A sponsor or equipment supplier usually pursues a commercial purpose with a product campaign. The fact that a club may use an image does not automatically mean that it may pass the image to a sponsor for advertising or approve the sponsor’s paid campaign.

The roles of all parties should be visible in the agreement. Who is the contracting party? Who approves the use? May the club transfer material to an agency, sponsor or platform? Who is responsible if the image is edited or combined with a product claim? These questions should be dealt with before the first upload.

Competing sponsors can also matter. A player may have a personal cooperation while the club contracts with a competitor. The player contract should explain how such conflicts are handled, which categories are protected and how a particular campaign is approved in advance.

Assess social media and private posts separately

A post on the official club account is organisationally different from a post on a player’s private account. With the club account, the contract, club purpose and approval process are central. Private use additionally raises questions about whether the post is made in the player’s own name, whether third-party brands are visible and whether the contract requires approval or disclosure.

Private social media use is better handled through clear rules than through a blanket prohibition. Can a player share a team photograph privately? Must a sponsor be tagged? May a post remain online after the contract ends? Which content requires prior consultation? The answers should be understandable and workable for the relevant sport.

For the review, keep the proposed text, image or video, account, links, paid distribution and intended duration. This creates a record of the use that was actually approved.

Document duration, editing and approval

A useful clause should not merely say that image or marketing rights are granted. It should reflect the practical time frame and approval process. Clarify the start, end, extensions, existing content, archive use and the treatment of material after a transfer or the end of the relationship.

For editing, specify whether the image may be cropped, combined with text, changed in colour or shown with a product. Approval of a team photograph is not necessarily approval of every layout. If prior approval is agreed for individual campaigns, save the image, channel and date in a traceable form.

The documentation need not be complicated. An approval list recording image, purpose, channel, duration, territory, third parties and responsible person is often enough as a working basis. It supports the contract; it does not replace it.

Take particular care with underage players

For underage players, check who can give effective consent and which purpose the consent covers. Being part of a squad does not automatically mean that an image may be used in a long-term advertising campaign or on a third party’s social media channel.

Club, legal representative, player and sponsor should describe the use in understandable terms. Public campaigns, permanent archives, transfers to third parties and recordings from private or sensitive situations require particular care.

Documents that matter for the review

A useful review usually starts with the player contract and amendments, a separate consent or licence, the proposed image or video and the accompanying text. Also record the account, platform, publication date, duration, territory, sponsor, agency and planned editing.

If publication has already occurred, save screenshots, URLs, timestamps and information about paid distribution. In a transfer situation, include the end date, old campaigns and the current club presentation. This allows the actual circumstances to be assessed rather than only an abstract clause.

More player contract topics and the tools and checks area provide initial orientation. For a specific contract, publication or sponsorship question, please keep the relevant documents together.

Frequently asked questions about image rights and social media

Can a club publish every team photograph on social media? That depends on recognisability, legitimate interests, the channel and an applicable contractual or other legal basis. There is no blanket answer.

Is a clause about marketing rights enough? A general label may be unclear. The media, purpose, territory, duration, editing and transfer should match the actual use.

Can a sponsor use a player image in advertising? This depends on the rights granted and the relationship between player, club and sponsor. Sponsor advertising should be regulated expressly.

What should I prepare for the review? Useful documents include the contract and amendments, consent or licence, image, copy, channel, duration, territory and the role of sponsor or agency.

Conclusion: every use needs a clear framework

Image rights work in practice only when purpose, channel, duration, reach and approval fit together. Club communication, sponsor advertising, equipment marketing and private social media use should not disappear into one undefined formula.

Comparing the agreement, the actual image and the planned use before uploading helps identify gaps early. A precise review is particularly important for underage players, contract ends, competing sponsors and transfers to third parties.

Contact the firm
If you would like a player contract, image release or specific social media or sponsorship campaign reviewed, please contact us with the relevant documents and planned publication framework.

Contact and first assessment

Mag. Bernhard Brandauer, Rechtsanwalt, reviews the matter and clarifies next steps.