ABSTRACT
This chapter explores the development and regulation of personality rights for athletes, focusing on the commercialisation of athletes’ personas in the United States, Canada, and the United Kingdom. It examines how athletes have driven legal recognition of persona protection through the right of publicity in the US, the tort of appropriation of personality in Canada, and false endorsement under passing off in the UK. The chapter also addresses the rising commercial value of athlete endorsements, the use of morality clauses to safeguard brand partnerships, and the impact of Olympic Rule 40 on athletes and sponsors during the Games Period. Despite differences in legal frameworks, the commercial use of persona is widespread and vital to athlete earnings, often surpassing sports-related income. The chapter argues that both contractual safeguards and regulatory limitations – such as Rule 40 – shape the contours of athlete image rights and their exploitation in the global sports marketing industry.
Perot, Emma, Sports Personality Rights (April 8, 2025), Intellectual Property and Sports, Edward Elgar 2025 (forthcoming).
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