They’re often a source of contention because they’re so financially important. From the Red Devils to Nafi Thiam, athletes are increasingly fighting for their portrait rights these days. But what exactly are these rights? And why do they so often lead to debate—and sometimes even prison sentences?

What exactly are portrait rights?

Top athletes are ideal promotional machines.

After all, what company wouldn’t want to showcase an inspiring role model like Emma Meesseman or Remco Evenepoel? But that’s not possible just like that.

“The use of an athlete’s name, image or voice in an advertising campaign is not freely permitted,” emphasizes Ben Leyman, attorney at Leyman Advocaten.

“Any commercial use requires the athlete’s prior consent, preferably in a written agreement. This usually involves financial compensation.”

Because for many athletes, their ‘brand’ has become a lucrative new source of income, in addition to their regular salary and competition bonuses.

“Some athletes even get the majority of their income from such deals,” Leyman said.

To give an example, Eden Hazard once earned 5.2 million euros in one financial year from his portrait rights.

But what if a news website puts a photo of, for example, Wout van Aert above an article?

Leyman: “Images of public figures, including athletes, may be used without permission for journalistic or informational purposes, provided they are newsworthy and the privacy of the person involved is not violated.”

Why does it often cause discussion?

The Red Devils, Kylian Mbappé and now Nafi Thiam…

In the past, portrait rights have often been a source of discussion between the various parties involved who have different interests.

“Many contracts stipulate that players must transfer their portrait rights to clubs or federations, but many players no longer simply accept this,” Leyman notes.

“Especially because more and more athletes are seeking assistance from specialized sports law attorneys who point this out to them.”

In football, in particular, portrait rights have become a key issue during negotiations. Personal interests, those of the club and the national team, often intersect.

Napoli president Aurelio De Laurentiis even forced players to sign over 100 percent of their royalties to the club. This was reportedly a stumbling block for Kevin De Bruyne during the negotiations, but it’s unclear whether he also caved.

Real Madrid is more lenient: there’s a policy where players can keep fifty percent of their image rights. Although star signing Kylian Mbappé managed to secure eighty percent.

Unlike countries like Spain or Italy, portrait rights are never a topic of discussion in the Belgian league. The explanation is simple: a collective labor agreement stipulates that portrait rights remain the property of the club.

Hans Vanaken therefore earns nothing from the sale of his jerseys in the Club Brugge fan shop.

“The percentage that can be paid in portrait rights also often varies by sport,” Leyman explains. “In cycling, the UCI rules stipulate that a maximum of 30% of the total fee can be paid in portrait rights.”

How did it nearly land Messi and Ronaldo in jail?

Portrait rights are often a good way for athletes to earn some extra money.

Especially since less tax is paid on them than on fixed salaries. Several Red Devils have established a separate company to manage their portrait rights.

In the past, there have been many examples of athletes trying to abuse this opportunity.

For example, Lionel Messi and Cristiano Ronaldo were once convicted in Spain – a country that is very aggressive in its pursuit of tax fraud – for having their portrait rights placed in exotic tax havens.

For example, Messi’s leaked Barcelona contract revealed that he had received more than €80 million in portrait rights over four years, 14% of his total salary.

The world stars were able to buy off their imposed prison sentences and therefore did not have to go behind bars.