运动员形象权的域外法律实践研究

Extra-territorial Legal Practice of Athletes’ Image Right

对国际立法与司法实践中运动员形象权协议纠纷焦点问题进行了梳理和分析。研究认为:运动员形象权在体育行业中倍受重视,运动员与俱乐部和赛事主办方之间就其形象的使用签订独立的形象权协议已是大势所趋。然而,由于第三方的介入、体育自治规则的限制等多种因素,导致形象权协议中的纠纷解决条款、无后续补偿条款等的解释与履行出现分歧,难以保障处于弱势地位的运动员独立、自主地行使其形象商业化使用的权利。关于运动员形象权协议与其他相关合同的关系以及其本身的有效性等具体规则,还有待进一步完善。

The paper analyzes the dispute focus of athlete's image right in international legislation and judicial practice.The study found that the image right of athletes has become a very important issue in the sports industry,and it is a general trend for athletes to sign an independent agreement on the use of their image between the athletes and the clubs and the organizers of the events.However,due to the intervention of third parties and the restriction of sports autonomy rules and other factors,there are differences in the interpretation and performance of the dispute settlement clause and no subsequent compensation clause in the image right agreement.It is difficult to guarantee the independent exercise of the right to commercialize the image of athletes in a weak position.Specific rules on the relationship between athletes'image rights agreement and other relevant contracts and their own effectiveness need to be improved.