DENMARK Trends and Developments Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
posts. The court found that the betting compa - ny’s use of these athletes’ images constituted commercial marketing rather than editorial con - tent, 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 mere - ly facilitated sports discussions among users. However, the court determined that the posts primarily served as promotional tools, leverag - ing the athletes’ recognition to enhance brand engagement. The ruling was based on general legal principles and the Danish Marketing Prac - tices Act, which prohibits unauthorised commer - cial use of an individual’s name and image. One of the most striking aspects of the deci - sion is the compensation model applied. The court established damages based on the stand - ard 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 individual’s brand value.
Beyond financial compensation, the ruling also highlights the reputational harm caused by unauthorised commercial associations. Ath - letes are highly conscious of the brands they endorse, and being associated 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 influenced the court’s damages assessment. Significantly, the ruling has likely also expanded the scope for enforcing image rights under Dan - ish law. The court’s approach suggests a grow - ing willingness to hold companies accountable for the unauthorised use of individuals’ name and image, particularly in digital and social media contexts. This expansion of enforceabil - ity 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 enter - tainment sectors must now exercise greater caution when using athletes’ names and images in their marketing strategies. This ruling under - scores the necessity of obtaining explicit con - sent from sports professionals before featuring them in commercial campaigns, ensuring com - pliance with legal standards, and protecting the value of athletes’ personal brands.
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