ANALYSIS: Image rights pose a threat to tournaments

Personal endorsement is causing headaches for the sponsors of sports events. Mark Kleinman reports.

A dispute, rare in the sedate world of cricket, has erupted over image rights that is threatening next year's cricket World Cup in South Africa. It's a lesson for marketers everywhere.

Last week, the sport's world governing body, the International Cricket Council (ICC), said personal sponsorship deals would be superseded by a $550m (£362m) commercial rights deal agreed with the official sponsors of the World Cup and the ICC Champions Trophy, which starts on September 12.

The ICC's argument is that if personal sponsorships are allowed to continue during major tournaments, they could conflict with brands that back the events. Pepsi, for example, sponsors the World Cup and will not be happy if a top batsman is seen endorsing Coca-Cola. In any case, the ICC argues, none of the national cricket boards raised objections when contracts were signed to this effect in 2000.

Sponsorship conflicts have plagued football World Cups and Olympic Games galore. But the difference here is that some unnamed players are threatening to take the ultimate step and pull out of the tournaments if their images are not used as they wish. Such a boycott would rock cricket - and the world of sport as a whole.

"It would be a great surprise if any elite cricketer or his management had the view that the player would be free of any obligations to the ICC tournament sponsors when negotiating any personal endorsements, said the ICC chief executive Malcolm Speed.

"If a player now finds that, through his own actions, he has put his commercial interests ahead of his ability to play for his country he needs to decide what is more important to him."

The row may be resolved in time, but it underscores the growing importance of image rights. Earlier this month, Vodafone, the world's biggest mobile phone company, agreed a £3m sponsorship deal with David Beckham to use his image in its marketing campaigns. In itself, that is nothing new, but Beckham's new contract includes for the first time a separate image rights clause that allows the Manchester United and England star greater control over the Beckham 'brand'.

Vodafone's deal is above board, but other marketers have not been so prudent. England cricket legend Ian Botham is taking legal advice about a Guinness ad that featured his face without permission.

And in March, Formula One driver Eddie Irvine won a watershed ruling when he successfully took talkSPORT to the high court for using a doctored image of him in an ad campaign.

Dan Harrington, a partner at sport and media law firm Couchman Harrington Associates, believes that marketers need to be far more careful about the use of famous names in their campaigns.

"The Human Rights Act could provide a basis for developing a law on image rights. In the past couple of years stars have begun extracting top value from brand managers, and sports marketing has become a very sophisticated business, he says.

As Harrington points out, 'player power' has another potential downside - the misbehaviour or underperformance of stars who endorse big brands.

Just look no further than 7-Up and Roy Keane.

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