July 26, 2016
Rio Olympic 2016: Rule 40 - Use of athletes’ images
Rio Olympic 2016: Rule 40 - Use of athletes’ images

Few might realise that the athletes who are competing in the Rio 2016 Olympic and Paralympic Games (‘the Games’) are restricted (under Rule 40 of the Olympic Charter) from allowing their name, picture/image, or sports performances to be used for advertising purposes (by any non-official sponsors) throughout the duration of the Games (this also includes the 9 days prior to the opening cermony and 3 after the closing ceremony).  This also applies to their coaches, trainers and other officials who are connected to the Games, and includes advertising in any print or online media (social media or mobile applications) or broadcasts, as well as any outdoor or personal appearances.  

Whilst Rule 40 is in place in order to try to assist the International Olympic Committee (IOC) in combatting ambush marketing in order to safeguard its official sponsors' interests, it has nonetheless proven to be controversial.  The sanctions for athletes who are found to be in breach are severe, as they can potentially be barred from competing in the Games, or later even have their medal/s confiscated. Rule 40 has been criticised for going "too far" as many athletes will of course have companies who privately sponsor them to promote their brands, but if these companies are not 'official sponsors' of the Games, then Rule 40 applies, such that even they are prevented from promoting, making reference to their performance, or even congratulating that athlete on social media.  A waiver on this can now be obtained in specific and limited circumstances, but only in respect of an existing personal sponsor's advertising campaign that has been running for some time in advance of the Games and which does not make reference to the Olympic Games (for example, use of words such as "medal", "victory", "Games" is not permitted) or create the impression of a commercial connection with the Games. 

Of course, modern day social media and viral marketing make it very difficult for the IOC and athletes themselves to police or control every use of their name or image during this veto period.  An interesting question also arises as to where the line should be drawn when an athlete posts on social media themselves - what will be determined to be their personal use of social media, and what will amount 'advertising use' of social media? Ultimately, a balance has to be struck between protecting the interests of the official sponsors and the athletes’ individual rights to publicity and freedom of speech.

Tags
Advertising /  Sport /  Celebrity /  Brand Extension (licensing) /  Commercial Contracts

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