DENMARK Trends and Developments Contributed by: Frederik Bruhn, Rasmus Theis Madsen, Robert Jønsson and Tim Krarup Nielsen, HortenDahl Law Firm
One of the most striking aspects of the decision is the compensation model applied. The court established damages based on the standard market rate that the athletes could have demanded had they entered into an agreement with Bet365. The ruling is remarkable due to the way the damages were calculated. Instead of taking the number of images into consideration, the court determined the damages based on the number of social media posts. This shift in methodology could set a new standard in future image rights infringement cases, particularly in the digital age where social media exposure can significantly impact an individ - ual’s brand value. Beyond financial compensation, the ruling also high - lights the reputational harm caused by unauthorised commercial associations. Athletes are highly con - scious of the brands they endorse, and being associ - ated with a betting company without consent could have adverse implications, particularly given concerns about gambling addiction. While not explicitly stated in the judgment, this reputational harm may have influ - enced the court’s damages assessment.
Significantly, the ruling has likely also expanded the scope for enforcing image rights under Danish law. The court’s approach suggests a growing willingness to hold companies accountable for the unauthorised use of individuals’ names and images, particularly in digital and social media contexts. This expansion of enforceability means that not only athletes, but also other public figures, may find it easier to claim dam - ages in similar cases. Companies operating in the sports and entertainment sectors must now exercise greater caution when using athletes’ names and images in their marketing strate - gies. This ruling underscores the necessity of obtain - ing explicit consent from sports professionals before featuring them in commercial campaigns, ensuring compliance with legal standards, and protecting the value of athletes’ personal brands.
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