Rule 40 of the Olympic Charter & use of the image of athletes participating in the Olympic Games.
What is Rule 40?
This rule of the Olympic Charter governs the use of the image of athletes participating in the Olympic Games for advertising purposes by third parties who are not official sponsors or partners of the event (in particular the athletes’ individual sponsors), during the period of the Games.
The aim is to avoid illegitimate association of third parties with the Olympic Games, and to protect the rights of the event’s official partners.
There is no general ban on participants in the Games promoting their individual sponsors. Reciprocally, there is no general ban on individual sponsors using a participant’s image. Such communication is, however, framed, if the individual sponsor in question is not an official partner of the event.
In practice :
Outside the Games period, it is possible for an individual sponsor to use the image of its athlete for advertising purposes, provided it does not use Olympic or Paralympic properties.
During the Games period, it is possible for an individual sponsor to use the image of its athlete for advertising purposes, provided that it does not use Olympic or Paralympic properties, and that the advertising in question constitutes “generic” advertising.
The do’s and don’ts for an individual sponsor :
Congratulatory message to an athlete?
YES, but only by sharing a neutral publication by the athlete, with no use of Olympic properties.
In other words, avoid Olympic logos and hashtags.
Generic advertising?
YES, if it meets the following conditions:
The advert must be produced for a brand or company that is not an official partner of the Olympic Games, reproducing the image of a participating athlete without any images or video of the Games or representation of Olympic or Paralympic properties.
Broadcasting of advertising must begin at least 90 days before the start of the respective Olympic and Paralympic Games period (i.e. before April 18, 2024 for the Olympic Games and before May 21 for the Paralympic Games).
Advertising dissemination must be constant throughout the period and must not increase significantly during the Games.
The advertising broadcasting plan must be communicated in advance to the CNOSF and Paris 2024 before any broadcasting, and at least 90 days before the start of the respective period of the Olympic and Paralympic Games (i.e. before April 18, 2024 for the Olympic Games and before May 21 for the Paralympic Games).
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