Sports image rights – a comparative overview

The article deals with the different approaches adopted by American, Italian and German systems as to the possible infringement of the personal features of the recognized individuals. It starts with explaining an idea of the "right of publicity" - a doctrine rooted in the American jurisprudence which influenced the European civil law systems which started to recognize an economic value of the image. The approach adopted by the American doctrine moves toward a proprietary right, while the European, except for the UK, still remains within the theory of rights of personality. Although the model is still the same and simply indicates the right to control the commercial exploitation of persona, continental theory based on civil law of intangibles has been facing difficulties and obstacles as to possibility to inherit and transfer this entitlement. It seems, however, that we are on the best way to change our approach and accept that sometimes law should adjust to market reality and not otherwise