Personality Rights in Football: What UK Law Protects (and What It Doesn't)

It would be strange not to ‘showcase’ my eccentric personality in a blog on personality rights and so this will, in my usual way, be a bit off-centre. Many years ago, I was a budding football journalist contributing match reports to various local newspapers and even a national Sunday tabloid (OK, it was The Non-Leager Paper but don’t rain on my parade). Those old enough to remember 1980s cigar brand television adverts may appreciate one of my headlines, “Happiness is a win at Dulwich Hamlet”. I digress, but what a loss I was to journalism…

I was also the editor of my local team’s match day programme, Bishop’s Stortford FC, and part of this role was ghost writing the manager’s column. Our player-manager at the time was former Arsenal forward Martin Hayes. This was tricky as I come from a family that has supported Tottenham going back to the 19^th century. Growing up I can remember Hayes being a regular scorer, usually from the penalty spot in 1-0 wins (for typical, lucky Arsenal, I add bitterly). Arsenal supporters – and I should add fans of the Famous Stortford too – used to sing “Whoopsadaisy Martin Hayes-y” to him.

Fast forward a few years and my passion for football has mellowed (is that what three rejections to FIFA’s IP team does?). However, I’ve matured from a lager lad to liking craft IPA beer and the like. I could be more hipster than a tote bag….If I could brew my own beer then what would I call it? It’d be a Hazy (or New England) style IPA and so, of course, I would name it Whoopsadaisy Martin Hazy. And if I did, could the esteemed Mr Hayes do anything about this?

This is where personality or image rights, the topic of this article, could come into play.  Accordingly, this article will examine:

• Personality/image rights in the UK
• Personality/image rights outside of the UK
• Key legal tips for managing personality rights in the UK
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