Sports image rights in Lithuania.

• Author: Gumbis, Jaunius

1. Introduction

   Sports plays a great role in a relatively young (1) Lithuanian society. It is definitely a part of Lithuanian social identity with a power to unite citizens. It was a source of strong patriotic feelings during Soviet times, while present public polls show that 89% of Lithuanian population is still proud of its country because of sportsmen's victories (2). It is also a way for such a small country and sportsmen thereof to make headlines worldwide. Despite various political, organisational and financial problems, in 20 independent years a number of Lithuanian sportsmen have successfully represented the country in Olympics, world and continental championships. Finally, sports has become an entertainment industry in Lithuania. There is no question that this young and developing industry is already able to give a commercial value to sports events, broadcasts, names and images.

   Indeed, sportsmen dominate Lithuanian magazines, newspapers, TV shows. Sports celebrities are not only admired by fans and media but also targeted by advertising specialists who see sports images as a powerful marketing tool. A marketing tool which significantly lifts awareness of Lithuanian consumers and stimulates sales volume of promoted goods and services. Scientific researches show that sportsmen are one of the most persuasive advertisement characters in Lithuania (3). It is also generally agreed that images of sports celebrities cause very little antipathy towards them in comparison with, for instance, politicians.

   The authority of sports images is clearly understood by business companies, both national and international, which rely on famous Lithuanian sportsmen in respect of advertising their goods and services. For example, images of Olympic gold medalist discus thrower Virgilijus Alekna and one of the world's foremost strongmen Zydr - nas Savickas were successfully and repeatedly used in mineral water advertising campaigns. Internationally known Lithuanian basketball stars, such as Arvydas Sabonis, Sar nas Mar iulionis, Sar nas Jasikevi ius, Arvydas Macijauskas, have drawn consumers' attention by advertising beer, non-alcohol drinks, watches, insurance, underwear as well as many other goods and services. Recently Olympic silver medalist pentathlete Edvinas Krungolcas has become a face of washing powder advertisement (4) too. As it may be seen from the given examples use of sports images has already become a popular commercial practice in Lithuania.

   Despite significance of sports images in Lithuania, their legal issues have not been thoroughly analysed yet. It should be noted that sports as social and cultural phenomenon has never enjoyed much attention within the Lithuanian academic society (5), particularly the legal one. There has been no significant case law on sports image rights as well. Therefore, this chapter aims to provide the readers with a practical introduction to sports image rights in Lithuania, which could give a general understanding on how they are dealt with in Lithuanian legal system.

2. Legal framework

   As there is no, with a very few exceptions, specific provisions in Lithuania, sports image rights are dealt within the general scope of a right to an image (or image right) which is clearly acknowledged by Lithuanian legislation. Image right is regarded as one of the elements of private life which is protected under the European Human Rights Convention (6) and the Lithuanian Constitution (7). The most important provisions are set out in the Civil Code (8) which expressly provides that any natural person is granted the right to image. The Civil Code also provides for regulation on other issues which are of key importance for sports image rights in Lithuania: detailed protection of private life and expression freedom, a right to a name, legal remedies, civil liability, proprietary and moral rights, contracts, etc.

   A few more legal acts may also be important for creating, exploiting, protecting and enforcing sports image rights in Lithuania. The Law on Public Information (9) provides for protection of image rights from mass media. The Advertising Law (10) and the Alcohol Law (11) limit use of images, as well as sports images, in advertising. As sports image may be registered as a trademark in Lithuania, provisions of the Trademarks Law (12) may also be important in the said respect. As one's image may be regarded as personal data, relevant provisions of the Data Protection Law (13) should also be taken into account. Sports image may also be regarded as copyrighted work which is protected under the Copyrights Law (14). The Sports Law (15) regulates sports governance, activities of sports clubs and content of sports contracts which often include clauses regarding sports image rights. The Criminal Code (16) provides for criminal liability for certain infringements of private life while the Code of Administrative Offences (17) sets out regulatory liability for certain violations of advertising regulation. It must also be noted that sports image rights would be protected and enforced in Lithuania under the general procedure set forth in the Code of Civil Procedure (18).

3. Concept of image right

   Every person, including sportsmen, is granted the right to image in Lithuania under the Civil Code. Article 2.22 thereof ("Right to an Image") reads as follows:

   "1. Photograph (or its part) or some other image of a natural person may be reproduced, sold, demonstrated, published and the person may be photographed only with his consent. Such consent after natural person's death may be given by his spouse, parents or children.

2. Where such acts are related to person's public activities, his official position, request of law enforcement agencies or where a person is photographed in public places, consent of a person shall not be required. Person's photograph (or...