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.
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