World Online Gambling Law Report Summer Retreat 2005 Off-field Challenges Image Rights & Personality Rights Real Madrid v. Online Bookmakers Thibault VERBIEST

World Online Gambling Law Report

Summer Retreat 2005

Off-field ChallengesImage Rights & Personality

Rights

Real Madrid v. Online Bookmakers

Thibault VERBIESTSenior partner - Attorney at the Bars of Paris & Brussels

www.ulys.net - [email protected]

http://www.ulys.net/

mailto:[email protected]


Background Real Madrid and some of its players (Zidane, Beckham,

Raul, Ronaldo & Luis Figo) lodged claims in France and Belgium

Against some of the biggest online bookmakers: BetandWin, Betfair, Ladbrokes, Miapuesta, Mr. Bookmaker, VC Bet and William Hill

Claims are i.a. based on the alleged use of Real Madrid players’ image and name without authorization

Images of players originate from pictures taken during official club matches


Online football betting market: a juicy business


Online football betting market: a juicy business

US$ 16.6 Billion European Internet betting market is expected to grow by 9.6% over the next two years

World online gambling market is estimated worth US$ 125 Billion in ten years and soon dwarf those of other Internet markets

Such figures naturally tease the lust of any sport organization, including football clubs!


Real Madrid: second richest football club


Real Madrid: nicest collection of players


Real Madrid: second richest football club US$ 299 Million income for 2004 Collection of « icon players » with Zidane, Beckham, Raul,

Ronaldo and Luis Figo From 2000 to now, a combined transfer total of US$ 200

Million, with only Becky topping US$ 41 Million transfer fee Real owns 50% of its players’image rights and other

personality right Broadcast and matchday income remain largest sources Temptation to get a piece of the online gambling?


Privacy versus Information?

Court shopping? Choice of France & Belgium by Real Madrid and its players

to initiate legal proceedings is far from innocent France & Belgium both offer a large protection to individual’s

name and image based on the right of privacy and on their case law


Privacy versus Information?France Article 9 of the French Civil Code

“ Everyone has the right of privacy.The court, without prejudice to compensation for the loss sustained, may order all measures, such as sequestration, seizure and other suitable measures to prevent or put a stop to an infringement of privacy. In the event of an emergency, these measures may be subject of an interlocutory.”

Grounded on the right to privacy, well-known people are entitled to oppose the use of their image and name for commercial or advertising purposes


Privacy versus Information?France

The right of privacy is limited by the right of information The right of information includes any information given by

text and image that the public has a legitimated interest to know


Privacy versus Information?Belgium

No statutory provision but protection under Belgian case law For public people, the right to protect his/her name is also

limited by the right of information

Real Madrid v.Online Bookmakers

Privacy versus Information?Real Madrid Arguments Players’image and name are used without authorization and

come from official matches Online bookmakers can not take advantage of the

information right to justify the use of players’ name and image without authorization

The use of players’ name and image had here for only purpose the promotion of the gambling activity

Such activity is purely commercial and not informative


Privacy versus Information?Nature of the online betting services Online bookmakers offer their users two linked services:

Information services (including brief sport reports and statistics)

Betting servicesInto one single offer!

A net better needs information in order to make the most accurate bet on his/her picked game


Privacy versus Information?Nature of the online betting services Commercial purpose of the online gambling Not sufficient for excluding any information purpose Most of the online sport magazine and news papers offer

their readers various commercial services



A dangerous precedent for sport information? First battle between some of the richest football clubs and

online bookmakers over the control of the gambling market? Rising importance of IP management among football’s club

financing sources Encouragement for football clubs to go further into a

complete control of their players’image and name Would render any public report of sport events quite pricy!

Thank you!

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Documents

World Online Gambling Law Report Summer Retreat 2005 Off-field Challenges Image Rights & Personality Rights Real Madrid v. Online Bookmakers Thibault VERBIEST