ABSTRACT

This chapter focuses on the problematic definition of the term in the United Kingdom context and how it relates to certain economic and commercial transformations in British sport. It presents the rise of image rights clauses in player contracts. The chapter discusses a range of issues raised by the tightening controls of both proprietary and contractual rights related to sports images and information, and its potential impact on the wider economy and culture of new media sport. An injunction was brought against the sale of the game in German stores that only managed to foster a black market for the game. Justice Laddie held that the manipulation of the image for commercial gain clearly represented false endorsement. The former England cricket captain Ian Botham threatened to sue brewing giant Diageo, the owners of the Guinness brand, when advertising for Guinness used archive images of Botham from the 1981 Ashes series.