Image rights in the UK: passing off, AI and athletes
The UK has no standalone image right. Athletes rely on passing off, trade marks, data protection and contracts. Here is how that applies to AI.
Unlike many US states, the UK does not recognise a general image right. That makes AI likeness questions more complicated for athletes and brands. This is a general overview, not legal advice.
Passing off
Passing off protects goodwill. The leading example is Rihanna's case against Topshop over a T-shirt that used her image in a way that suggested she endorsed it. An AI ad that implies an athlete's endorsement raises the same issue.
Other protections
- Trade marks: many athletes register their name or nickname.
- Data protection: a face or voice used to identify someone can be personal data, and biometric data gets extra protection under UK GDPR.
- Advertising rules: the ASA's codes restrict misleading endorsements.
- Contracts: clubs and leagues often hold image-rights agreements over players in kit.
What this means for AI
In the UK the cleanest route is contractual: a licence that names AI uses, inputs, outputs, term and approvals, and confirms the athlete's club and sponsor obligations.
Frequently asked questions
Do footballers in the UK have image rights?
There is no general statutory image right, but players often have image-rights contracts with clubs and protection through passing off, trade marks and data protection.