Celebrity influence has officially gone wild, and it is no longer just actors and musicians hogging the limelight. Athletes, yes those sneaker-clad superhumans, are fiercely defending their personal brand from being swiped by unauthorized hands. And why not? In an era where a viral meme can make or break you, protecting that image is a big deal.
Let’s talk Olympics – a stage not just for gold medals but for gold-standard fame. Case in point: Manu Bhaker. This ace shooter didn’t just hit the bullseye; she hit the jackpot of fame by snagging two bronze medals in Paris 2024. Now, every other brand from Xtrabrick Realtors to Bajaj Foods wants a piece of her shine. The problem? They didn’t ask for her permission before plastering her face all over their ads.
Enter moment marketing, the sneaky art of riding the coattails of trending topics. Brands jump on current events faster than you can say “trending hashtag.” While it’s smart and trendy, it can also tread into murky waters when it comes to using someone’s image without a nod of approval. And that’s exactly what happened to Bhaker, who woke up to find her face everywhere – but not on her terms.
Neerav Tomar, the managing director at IOS Sports & Entertainment (Manu’s managing agency), is not having it. He said, “Almost two dozen brands not affiliated with Manu have released congratulatory ads on social media featuring her images. This constitutes unauthorized ‘moment marketing,’ and legal notices will be served to these brands.” Boom! Legal smackdown imminent.
So, what’s stopping brands from going rogue? The Advertising Standards Council of India (ASCI) code being the rulebook of marketing in simpler terms states, “Don’t use someone’s image without asking, or you’re in trouble.” Simple, right? Apparently not for some brands who see a shiny new medallist and think, “Free marketing material!”
This isn’t the first rodeo for athletes fighting for their image rights.
Remember the PV Sindhu lawsuit? She went all legal eagle on twenty brands in 2021 for using her post-Olympic glory without a heads-up. Then there’s the legendary Sourav Ganguly, who took Tata Tea to court for using his fame without a friendly nudge. And let’s not forget John Terry’s cigarette saga – a classic tale of “use my picture without permission, and I’ll see you in court.”
The International Olympic Committee (IOC) also has athletes’ backs. They’re like the ultimate gatekeepers, ensuring athletes keep control over their name, image, and likeness. The Olympic Charter and its supplementary rules for the Paris 2024 Games make it clear. According to this document, non-Olympic sponsors can run congratulatory ads before and during the games, but they can’t use any Olympic symbols or logos. Most importantly, they must get permission from the athletes before using their photos. So, if someone violates an athlete’s personality rights, it’s up to the athletes to take action, as it impacts their personal and business interests.
Now, let’s be clear – not all shoutouts are off-limits. If you’re a brand wanting to high-five an athlete, do it right. Get their permission first. It’s not just about staying out of court; it’s about showing respect and playing fair. Plus, obtaining consent can keep things friendly and above board, showing the world you’re a brand with a heart (and a legal team).
So, what’s the takeaway? Athletes are the new-age gladiators, and their image is part of their treasure. Brands need to respect that and act responsibly. It’s a win-win: athletes get to shine on their terms, and brands get to bask in the reflected glory without stepping on any toes.
In the end, protecting personality rights isn’t just legal mumbo-jumbo; it’s about respecting the hard-earned fame and the effort behind it. As athletes continue to break records and win hearts, their image will remain a prized possession that deserves protection. Brands, take note – play nice, ask first, and everyone wins.
Authors: Nitika Nagar, Parinika Krishnan & Gauurikaa Rao