Unauthorized Use of a Professional Footballer's Image and Voice with Artificial Intelligence and Legal Liability

The Limits of Digital Technologies in the Face of a Footballer's Personality Rights

With the development of artificial intelligence technologies, it has become possible to reproduce the images and voices of professional athletes in the digital environment. Today, without a footballer needing to take part in any shoot, advertising films giving the impression that the footballer appears in them, or audio recordings creating the impression that the footballer has made statements, can be produced. Such situations are encountered frequently, particularly on "Instagram" and "X".

The use of these technologies in the sports industry raises an important legal question: does the fact that a footballer's image or voice has previously been recorded allow such data to be used without limit through artificial intelligence?

The answer to this question depends not only on the contract between the footballer and the club, but also on the rules governing the protection of personality rights, intellectual property rights, and the processing of personal data.

Legal Protection of the Footballer's Image and Voice

Articles 24 and 25 of the Turkish Civil Code No. 4721 provide legal protection against unlawful attacks on personality rights.

A person's image, voice, and the characteristics that make their identity identifiable are linked to personality rights. The fact that a professional footballer is publicly known does not mean that these rights disappear entirely. Article 86 of the Law on Intellectual and Artistic Works No. 5846 also contains special provisions on the public presentation of pictures and portraits.

The use of a photograph of a footballer taken during a match for news purposes and the use of the same photograph to show the footballer as if endorsing a commercial product must be assessed differently in legal terms. In particular, the generation through artificial intelligence of a statement that does not in fact exist as if it belonged to the footballer may constitute an interference with personality rights.

The Club's Use of the Image Based on the Player Contract

Professional football player contracts may contain provisions relating to the club's promotional activities, sponsorship agreements, and the use of the footballer's image. However, the scope of the contractual permissions concerning the use of the image is of importance.

For example, the fact that the footballer has consented to appearing in team photographs and in the club's official promotions does not automatically render lawful the imitation of their voice with artificial intelligence and its use in an advertisement for a third-party brand.

At this point, the purpose for which the permission was granted, the scope and duration of the use, and whether it may be transferred to third parties must be assessed. It should not be directly accepted that a promotional clause drafted in general terms covers all forms of digital use that were not foreseen at the time the contract was concluded.

Producing an Advertisement Without the Footballer's Consent

Let us assume that a sportswear brand creates an advertisement with the help of artificial intelligence using images taken from a footballer's social media account. In the advertisement, the footballer is shown as if recommending a product that they do not actually use.

In such a case, the fact that the image was previously shared publicly does not grant unlimited rights to persons who reuse it for commercial purposes. In the legal assessment, the commercial nature of the advertisement, the recognisability of the footballer, the scope of the permissions granted, and the resulting damage will be of particular significance.

Whether the person using the image is the club, a sponsor, or an independent advertising agency must also be taken into account in determining liability.

What Legal Remedies Are Available to the Footballer?

Where personality rights have been infringed by content created without authorization, the prevention or cessation of the attack, or a declaration of its unlawfulness, may come into play under Article 25 of the Turkish Civil Code.

Depending on the circumstances of the specific case, claims for pecuniary and non-pecuniary damages may also be asserted.

In addition, personal data processing activities carried out with respect to the footballer's image and voice must also be assessed separately under the Personal Data Protection Law No. 6698. Depending on the nature of the dispute, it is possible to file an application with the relevant platform and, where the necessary conditions are met, to resort to judicial remedies.

In particular, since digital content can spread within a short period of time, establishing the unlawful use and preserving the evidence are of great importance.

Can the Footballer's Image Be Used After the Contract Has Ended?

The continued use of a footballer's old images after they have left the club may also give rise to disputes. The club's publication of archive footage of past matches and its use of a former footballer's image in a new sponsorship campaign are not of the same legal nature. With respect to commercial uses continuing after the contract has ended, it must be investigated whether a valid permission exists between the parties.

Furthermore, new content created with the help of artificial intelligence may give rise to legal problems different from the mere republication of previous images.

Conclusion

The spread of artificial intelligence technologies in the sports industry has made it necessary for the rights over footballers' images and voices to be regulated more clearly in contracts.

The fact that a footballer is well known, or that the club has in the past obtained certain rights relating to the use of their image, does not mean that every form of digital use is lawful.