World Online Gambling Law Report
Summer Retreat 2005
Off-field Challenges
Image Rights & Personality Rights
Real Madrid v. Online Bookmakers
Thibault VERBIEST
Senior partner - Attorney at the Bars of Paris & Brussels
www.ulys.net - [email protected]
Real Madrid v. Online Bookmakers
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
Real Madrid v. Online Bookmakers
Online football betting market: a juicy business
Real Madrid v. Online Bookmakers
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 v. Online Bookmakers
Real Madrid: second richest football club
Real Madrid v. Online Bookmakers
Real Madrid: nicest collection of players
Real Madrid v. Online Bookmakers
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?
Real Madrid v. Online Bookmakers
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
Real Madrid v. Online Bookmakers
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
Real Madrid v. Online Bookmakers
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
Real Madrid v. Online Bookmakers
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
Real Madrid v.Online Bookmakers
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 services
Into one single offer!
 A net better needs information in order to make the most
accurate bet on his/her picked game
Real Madrid v.Online Bookmakers
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
Real Madrid v. Online Bookmakers
Real Madrid v. Online Bookmakers
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!
Real Madrid v. Online Bookmakers
Q
UESTIONS
&c
OMMENTS
Thank you!
[email protected]
www.ulys.net