DENMARK Trends and Developments Contributed by: Frederik Bruhn, Rasmus Theis Madsen, Robert Jønsson and Tim Krarup Nielsen, HortenDahl Law Firm
The athlete as a media company Athletes are no longer just brand ambassadors: they are becoming media producers. Danish and interna - tional talents are launching their own podcasts, You - Tube channels, production companies and creative studios. Owning their content allows athletes to control their narrative, build direct fan relationships and retain the underlying IP. This shifts the power balance in the fol - lowing ways: • rights migrate from traditional broadcasters to individuals; • sponsorships resemble distribution partnerships; and • new revenue streams emerge outside clubs and leagues. Enforcement of Image Rights in Sports: the Bet365 Precedent A ruling from the Danish Maritime and Commercial Court against Bet365 has reinforced the legal protec - tion of athletes’ image rights in Denmark. The case involved prominent Danish sports figures – including handball player Mikkel Hansen, football player Chris - tian Eriksen, badminton player Viktor Axelsen and members of the Danish national football team – who sued Bet365 for unauthorised use of their names and images in social media posts. The court found that the betting company’s use of these athletes’ images constituted commercial marketing rather than edito - rial content, awarding compensation of approximately EUR6,700 (DKK50,000) per infringing post. The ruling was further upheld by the Danish Eastern High Court in the summer of 2024. This ruling provides significant legal clarity regarding the distinction between editorial use and commercial exploitation of athletes’ images. Bet365 argued that its social media posts merely facilitated sports discus - sions among users. However, the court determined that the posts served primarily as promotional tools, leveraging the athletes’ recognition to enhance brand engagement. The ruling was based on general legal principles and the Danish Marketing Practices Act, which prohibits the unauthorised commercial use of an individual’s name and image.
• what activates a sell-on clause; and • how performance metrics are calculated.
Solidarity payments, sell-on percentages, registrations and documentation may now functionally be treated as security. Access to these rights, or co-operation around them, is increasingly tied to the fulfilment of payment obligations. As these practices spread, transfer agreements are starting to resemble financing documents as much as sporting contracts. The legal structure surrounding payments is rapidly becoming just as important as the player being acquired. Commercial Rise of Danish Sports Talents Athletes are increasingly operating at the intersec - tion of performance, media and intellectual property. The following three trends in particular are reshaping how young talents build and protect their commercial value. Digital reputation becomes a legal battleground There will be a rise in athletes facing online storms – not due to illegal actions, but because old posts resurface, irony is misread, or context disappears. Social media has effectively become a legal risk zone. As a result, risk management is moving from crisis response to preventative strategy: athletes are urged not only to “think before they post”, but also to prepare for situations where others post about them. Demand for legal claims relating to harassment, def - amation and reputational harm is expected to grow substantially. Identity as a trade mark A new wave in sports and IP law is transforming an athlete’s identity into a commercial asset. Talents are increasingly expected to register aspects of their like - ness – faces, movements, signatures, celebrations – as trade marks. This shift is driven by the rise of AI and deepfakes, by the premium placed on authenticity in sponsorships, and by the fact that athletes them - selves have become the primary carriers of brand value. IP strategy is moving from reactive enforce - ment to proactive structuring, occurring earlier and on a broader scale.
113 CHAMBERS.COM
Powered by FlippingBook