Our esteemed partners, Sandra Avila, Juan Carlos Uribe, and Nicole van Boxtel, have made significant contributions to the legal discourse on sponsorship and image rights of professional athletes in Colombia. Their article, featured in Lexology Getting the Deal Through, sheds light on crucial legal considerations in the realm of commercializing and protecting individuals’ image rights.
In the Colombian jurisdiction, the concept of an individual’s image right is legally recognized, with constitutional protections extending to personal and family privacy, as well as one’s good name. Various legal instruments, including trademark registration, copyright, and data protection laws, play a role in safeguarding image rights. Unfair competition laws and regional decisions further emphasize the protection of personal identity elements, barring third-party registrations without the individual’s consent.
Key legal considerations for the commercialization and protection of individuals’ image rights are outlined in the article. It emphasizes the general rule that individuals hold exclusive rights over their image, requiring third-party authorization for exploitation. Exceptions include rights to information and free speech, affiliation with sports organizations, and contractual limitations, such as exclusive sponsorship agreements. The article wisely advises on the importance of intellectual property registrations to protect commercial use, especially when the link with the sportsperson’s image is less evident or the individual is less famous.
The use of image rights by professional organizations within sport is highlighted, showcasing their role in promoting sports and upcoming events. The article delves into the enforceability of morality clauses under Colombian law, emphasizing the need for specificity, reasonability, and alignment with constitutional rights.
Furthermore, the article addresses restrictions on sponsorship, advertising, and marketing in professional sport. It notes the prohibition of tobacco company sponsorship since the implementation of Law No. 1335 of 2009. While gambling and alcohol sponsorships are allowed, there are limitations on alcohol advertising, including protection measures for minors.
In summary, Sandra Avila, Juan Carlos Uribe, and Nicole van Boxtel provide a comprehensive overview of the legal landscape surrounding image rights in Colombian professional sport, contributing valuable insights to the legal community and fostering a deeper understanding of this complex and evolving field. Their expertise reinforces Triana Uribe y Michelsen’s commitment to legal excellence and thought leadership.
Discover the exceptional range of specialized legal services offered by Triana, Uribe, and Michelsen, a legal firm committed to excellence and backed by decades of experience. We take pride in standing out in key areas such as intellectual property, litigation, corporate law, contracts, and sanitary registrations, providing comprehensive solutions to protect your interests and ensure the success of your projects. In the field of intellectual property, our expert team provides strategic advice for the protection of trademarks and patents, as well as copyright management. In litigation, we face legal challenges with determination, representing your interests in commercial, labor, or civil disputes. In corporate law, we offer comprehensive advice from company creation to restructuring, ensuring regulatory compliance and strategic decision-making. Precise drafting and expert interpretation are crucial in our contract services, where we assist in crafting clear and equitable agreements to protect your rights and commercial interests. Additionally, in the complex field of sanitary registrations, we facilitate obtaining them, ensuring your products comply with all regulations. With a personalized approach, proven results, and an unwavering commitment to professional excellence, at Triana, Uribe, and Michelsen, we not only offer legal services but solutions that propel your success. Trust us to take your company to the next level. Contact us today and discover how we can serve you better!
If you seek protection for your trademarks and intangible property, contact us at our email: [email protected]