The Changing Landscape of Sponsorship During the Olympics
![]() |
Throughout 2019 there was an increasing amount of
athlete activism over their sponsorship rights and ability to maximize
earnings. This is an important ongoing issue and is becoming even more
prominent as we approach the 2020 Tokyo Olympics (should it take place at all
this summer). The International Olympic Committee (IOC), under Rule 40, imposes
restrictions on an athlete’s right to allow their name, image or sporting performance to be
used to advertise during the Olympic games.
Since 2012, the IOC has responded to protests from
athletes and continuously relaxed its stance on Rule 40, such as allowing
National Olympic Committees (NOC) to grant express waivers for certain brands
wishing to use an athlete’s image. In February 2019, German athletes challenged
Rule 40 under their national competition law regulator, which led to the German
Olympic Committee relaxing its rules significantly. The IOC is now leaving it
to individual NOCs to interpret and apply Rule 40, which has resulted in many
committees, including the British Olympic Association (BOA), relaxing their
application too. However, there are still many restrictions. For example,
recent guidelines issued by the BOA state that social media posts from brands
congratulating athletes during the Olympics and athletes thanking brands using
Olympic imagery is still forbidden.

This issue could potentially impact the legal industry
because any overturning of Rule 40, or even further relaxation in its
application, may have a significant effect on the Olympic sponsorship
framework. There may also be other complex legal and sponsorship issues raised
by any change, such as whether the host nation’s domestic laws should be
applied. If so, a nuanced understanding of the host country's competition laws
regarding athlete sponsorship and advertising would be required. This ongoing
issue will influence the advice given to athletes and brands on how they can
advertise and utilise sponsorship in any new landscape.
Comments
Post a Comment