Expertise / Sports / Image rights and sponsorship
Image rights and sponsorship expert witnesses
Valuation and opinion on image rights, sponsorship and broadcasting arrangements.
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Disputes over image rights, sponsorship and broadcasting turn on how commercial value is created and apportioned. Our experts value rights and explain the economics of sponsorship and media deals to a court.
This is one of the specialisms within our sports expert witness practice.
In sports, the difference between a strong case and a weak one often comes down to whether the expert truly understands the sector. Generalist opinion rarely survives scrutiny on specialist questions, and a tribunal gives little weight to evidence that misreads how sports actually works. We focus here precisely because the issues are technical, the stakes are high, and the wrong expert is an expensive mistake.
What instructing through us looks like
Tell us the issues, the forum and your timeline. We check fit, availability and conflicts, then send a short, honest shortlist. You review CVs and speak with the expert before instructing. New to the process? See our guide on how to instruct an expert witness.
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Tell us about your image rights and sponsorship matter
Describe the issues and the forum. We check fit, availability and conflicts, then come back with a short shortlist. Enquiries are confidential and create no obligation.
- Tell us the matterShare the issues, the sector and your timeline. No obligation, treated in confidence.
- We shortlistWe identify experts whose experience genuinely fits, and check availability and conflicts.
- You instructYou review CVs and speak directly with the expert before instructing on your terms.
What these disputes actually turn on
There is no single image right in English law. An athlete's name and likeness are protected through contract, passing off, trade marks, copyright in photographs and data protection, and the courts have accepted false endorsement claims, as in Irvine v Talksport. Most disputes, though, are commercial: a sponsor terminates under a morals or performance clause, a brand uses an athlete beyond the licence, exclusivity is breached, or a rights deal under-delivers. In each case the court or tribunal needs to know what the rights were worth and what was lost.
Image rights also arise in tax. Payments to a player's image rights company are scrutinised by HMRC, and the question is whether they reflect the genuine commercial value of the player's image or are disguised salary. That turns on the same valuation evidence.
What the expert will examine
- Sponsorship, endorsement and licensing agreements — fees, rights granted, exclusivity, termination and morals clauses.
- Actual commercial income — contracted endorsement and sponsorship revenue, often the strongest evidence of what an image is worth.
- Comparable deals — what brands paid athletes of similar profile in the same sport and market.
- Media exposure and audience data — broadcast, digital and social reach, and how a sponsor measured return.
- Profile and performance history — the athlete's results, following and marketability over time.
- Club and image rights company arrangements — how image rights were split between club, player and company.
How value is established
Valuers usually combine methods. An income approach forecasts what the rights would have earned, starting from contracted income. A market approach compares similar deals. Where a brand used an image without permission, the question is often what a reasonable licence fee would have been. Each method rests on assumptions about profile, longevity and risk, and a court will expect them to be stated and tested. Expert reports in court follow CPR Part 35 and Practice Direction 35, and the expert must stay within valuation rather than arguing the legal case.
The disciplines, and when each is needed
- Sports valuation experts — the value of image rights, endorsements and sponsorship portfolios.
- Sponsorship and marketing experts — market practice, what a sponsor would expect to receive, and how deals are structured.
- Media and broadcasting rights experts — rights values, audience measurement and media rights disputes.
- Forensic accountants — loss calculations, royalty and licence fee audits, and tax-related image rights questions.
- Brand and trade mark experts — brand use, confusion and the commercial impact of unauthorised use.
Five questions worth asking before you instruct
- Have they valued athletes' commercial rights, or only businesses or general intellectual property?
- Do they have access to reliable comparable deal data for this sport and market?
- Can they separate the value of the athlete's image from the value of the club, team or competition?
- Have they given evidence on valuation in court, arbitration or a tax tribunal?
- Do they act for any brand, agency or club involved in the dispute?
Why valuation evidence gets discounted
Valuations lose weight when they rely on headline deals that are not genuinely comparable, when they assume a career length or profile the evidence does not support, or when they ignore the club's or competition's contribution to an athlete's commercial value. Media exposure figures are also challenged when they measure reach without showing value to the sponsor. The strongest reports start from real income, explain each adjustment and show how sensitive the answer is to the key assumptions.
Key authorities and further reading
- Irvine v Talksport Ltd [2003] EWCA Civ 423 — false endorsement and the licence fee measure of damages
- Fenty v Arcadia Group [2015] EWCA Civ 3 — passing off through unauthorised use of a celebrity's image
- Trade Marks Act 1994 — registered protection for names, logos and signatures
- CPR Part 35: Experts and Assessors — the expert's overriding duty to the court
- Practice Direction 35 — what an expert report must contain
FAQ
Common questions
What does an image rights and sponsorship expert witness do?
They give independent, objective opinion to a court or tribunal on image rights and sponsorship issues within sports, with an overriding duty to the court under CPR Part 35. The opinion usually takes the form of a written report and, where required, oral evidence.
When should I instruct an image rights and sponsorship expert?
As soon as the issues are clear. Early instruction helps you test the strengths and weaknesses of the case, scope the evidence proportionately and avoid a rushed report against a deadline.
How do you select experts for image rights and sponsorship matters?
On substance: relevant qualifications, genuine sports experience and an understanding of an expert's duties in litigation and arbitration. Where an expert has limited experience of giving evidence, we say so.
Need an image rights and sponsorship expert?
Describe the matter and we'll identify specialists who fit.
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