Advice on Licensing for Athletes

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TheRevAshton

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Apr 1, 2019
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  • #1
    Hi All,

    I'm new to the forum, and seeking some advice on something if possible!

    So i've had a pretty good business idea which revolves around professional Athletes, these are individuals and not Teams or Groups.

    My idea will need to involve information on these individuals and possibly images aswell. Yet I think it's safe to say I will need some form of licensing to sell products based around these people, and would potentially land myself in some sort of trouble without acquiring these rights.

    What is the best way to go about getting these rights? Is there a specific website for this sort of thing? Or do I contact their representatives about it? Any forms required?

    Would really appreciate some help on this topic, thanks in advance!
     
    WaveJumper

    WaveJumper

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  • #2
    The simple answer is yes you would need to seek permission from the individuals or their representatives, and you will probably find those professionals that are doing well in whatever field they may be in are all ready signed to management agreements. That's not to say deals can not be done but they will be wanting a hefty cut of your profits. You need to make sure you have the right legal documents to hand so get some proper advice in that respect before you start approaching people. A good idea although not what you indicated above is to try and get on board with some up and coming athletes before they start to get to big or signed up to management. Good luck with your venture.
     
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    TheRevAshton

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    Apr 1, 2019
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  • #3
    WaveJumper said:
    The simple answer is yes you would need to seek permission from the individuals or their representatives, and you will probably find those professionals that are doing well in whatever field they may be in are all ready signed to management agreements. That's not to say deals can not be done but they will be wanting a hefty cut of your profits. You need to make sure you have the right legal documents to hand so get some proper advice in that respect before you start approaching people. A good idea although not what you indicated above is to try and get on board with some up and coming athletes before they start to get to big or signed up to management. Good luck with your venture.
    Click to expand...

    Thank you for the response.

    I know they are all pretty much signed to some sort of management companies, is it worth contacting these companies regarding the topic? Of course, as you mentioned I will seek some advice on how to approach this.

    I like your idea about contacting the prospects, this is certainly something to consider.

    Thanks!
     
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    TheRevAshton

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  • #5
    WaveJumper said:
    It's defiantly worth trying, you never know until you try but I really would make sure you have your own legal doc's / terms of business etc in place. What sort of products do you hope to be selling
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    Yeah thanks, i'll be sure to get all of the right Terms and Documents in place for it.

    Well basically, it would be based around either physical trading cards, or cards within an app/game - with packs available either physically in store or within the app.
     
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    Engage Legal

  • #7
    Depending on the nature of the images you want (and how you want to use them) you might be able to get images of the athletes from other sources (eg. newspaper file photos/sports photographers). You would definitely need the permission of the photographer in that instance, although not necessarily from the athlete.
     
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    obscure

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  • #8
    You want pictures of the person.... or you want pictures of the sports person (wearing their kit)? Are you intending to use team names or logos or league names/logos? If the latter then you will need to deal with various teams/leagues to license their trademarks/copyright..... which will be very very expensive.
     
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    TheRevAshton

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    Apr 1, 2019
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  • #9
    Engage Legal said:
    Depending on the nature of the images you want (and how you want to use them) you might be able to get images of the athletes from other sources (eg. newspaper file photos/sports photographers). You would definitely need the permission of the photographer in that instance, although not necessarily from the athlete.
    Click to expand...
    Thank you, I know there are many images of these individuals that are owned by specific companies/photographers so this is worth looking into.

    How about using their information? (Name, Country, Age etc.)

    obscure said:
    You want pictures of the person.... or you want pictures of the sports person (wearing their kit)? Are you intending to use team names or logos or league names/logos? If the latter then you will need to deal with various teams/leagues to license their trademarks/copyright..... which will be very very expensive.
    Click to expand...
    Well it would be the athlete in their standard performing attire, which would include sponsors and logo's etc. Could these be photoshopped out if a deal could not be reached with them?
     
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    The Byre

  • #10
    Pro Athletes have agents and managers and their images and all use of their images is fiercely policed by their agents and managers. Use of their images and reference to them is a property that they license to manufacturers of shoes, t-shirts, perfume and for general advertising. It's how they make their money.

    If you try to find photos and use these images or even reference to those athletes without going through managers and agents and without paying a great deal of money (six figures minimum) you are in for a whole new world of pain!
     
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    obscure

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  • #11
    TheRevAshton said:
    Well it would be the athlete in their standard performing attire, which would include sponsors and logo's etc. Could these be photoshopped out if a deal could not be reached with them?
    Click to expand...
    That probably wouldn't be enough. The actual kit is probably protected by design rights so the team or kit maker would sue you.

    Plus as The Byre points out the players management would almost certainly sue for passing off. Companies pay them huge amounts to use their likeness. If you were doing it for free/cheap those deals would unravel.

    Premier League, NFL, F1 etc are multi-billion $ businesses. The legal fees to negotiate the heavyweight IP licensing contract will be a minimum $20k.... Probably much more. They are really only interested in giant deals that will net millions. Your project almost certainly wouldn't even cover the cost of their lawyers getting out of bed.
     
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    TheRevAshton

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  • #12
    Thanks for the input guys, I really appreciate the advice.

    It seems as though this project could be way more trouble (and money) than it's worth! With the costs for the rights likely being huge, on top of production and other things - this would clearly not be smart from a financial point of view... especially when you consider that the end product is going to be very cheap.

    Not to worry however, this was just one of my 'maybe' ideas which I just wanted abit of advice with - the legal sides of things like this is all quite alien to me, and I really appreciate you all sharing your knowledge - thanks :)
     
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    Lucan Unlordly

    Lucan Unlordly

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  • #13
    You haven't given examples of the stature and popularity of the athletes involved?

    Premier League footballer married to a tv soap star, loadsa money, forget it.

    Up and coming boxer who's not yet made the big time and is in a relatively niche market. Peanuts.
     
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