Image rights after a club change: old campaigns, deletion and relicensing

A club change does not automatically end an image licence, and it does not authorise a new use without review. The key points are purpose, medium, territory, duration, editing, contracting parties and any agreed post-contract effect. Old campaigns, archives and new advertising material should be recorded separately.

A practical review starts with one clear list: which content is still active, which content is archival, which material should be removed and which use requires a new release? Section 78 UrhG and the interpretation rules in sections 914 and 915 ABGB provide the legal framework.

A player may leave a club while photographs, videos, posters or digital advertising material remain accessible. Whether that use ends, continues or must be adjusted follows from the specific licence and how it is connected to the player contract. The club change alone does not answer the question.

Under section 914 ABGB, the parties’ intention and commercial practice in good faith guide interpretation. Section 915 ABGB provides supplementary rules where uncertainty remains. The wording, negotiations, annexes and later releases should therefore be assessed together.

Contracting parties and permitted users matter. The former club may have commissioned a campaign while a sponsor, agency or platform publishes the material. Those roles must remain separate when assessing continued use.

A campaign often contains several separate publications. These may include paid advertisements, website banners, social-media posts, newsletters, shop pages, posters and printed packaging. Record the image, copy, channel, territory, period and responsible party for each use.

Active advertising raises a different issue from an old match report in an archive. Paid distribution may generate new impressions, while an archive item remains continuously accessible. Existing stock and printed media require their own practical and contractual assessment.

A campaign register helps prevent individual platforms from being missed. It should show the status of every use: active, paused, removed, archived or awaiting a new release. Screenshots and timestamps preserve the relevant state.

A request for removal can refer to different actions. An advertisement may be stopped, a shop page deactivated, a social-media post deleted or a match report retained in a historical archive. The agreement and implementation should identify the requested measure precisely.

Section 78 UrhG protects the legitimate interests of the person depicted when an image is published. It does not replace contractual interpretation or require every older image to be deleted. The content, context, type of publication, agreement and specific interests all matter.

Anyone requesting removal should identify the content with its URL, screenshot and publication date. The club or service provider can then record what was done and whether copies held by agencies, platforms or printers require a separate step.

A new use after the club change requires its own review. This applies to a campaign by the new club, continued use by a new sponsor or a continuation with changed copy. The original release does not automatically cover a new purpose or contracting party.

The rights chain in the photograph itself must be checked alongside the consent of the person depicted. The photographer may hold copyright powers of their own. Club, sponsor and agency may also control editing, onward transfer and technical distribution. Each role should appear in the documents.

A relicensing agreement should identify the image, purpose, media, territory, term, editing rights, third parties and remuneration. It should also address removal after expiry and material already produced.

At the time of the change, the player, former club, new club and relevant partners should prepare a handover list. It can include old campaigns, current agreements, releases, images in use, removal processes and open accounts. This makes later responsibility easier to trace.

A release should refer to a defined version. Image, copy, channel, territory, term and editing should be identifiable. A general reference to marketing rights leaves open whether new product advertising or a changed sponsor presentation is covered.

A chronological record helps with disputed points. Put the club change, contract end, campaign launch, requested amendments and actual removal in date order. This separates an old use from a later relicensing plan.

A reliable assessment requires the player contract and amendments, separate image or licence agreements, releases, campaign drafts and a list of media used. URLs, screenshots, publication dates, agency instructions, sponsor agreements and records of existing stock are also useful.

The article on image rights and social media in player contracts separates club channels, sponsor advertising and private use. For further contract questions connected with a club change, the article on the release clause in professional football provides additional context.

You can receive further legal updates from the firm through BRANDaktuelle Rechtsnews. If you need to assess old campaigns, a removal request or relicensing, provide the agreement and a short timeline. Mag. Bernhard Brandauer, Rechtsanwalt, will help identify the next practical steps.

Does the image licence end when the player changes clubs?
There is no general answer. Purpose, term, media, contracting parties, post-contract effect and the actual continued use must be assessed.

Must the former club delete every image immediately?
A complete immediate deletion does not automatically follow from every club change. Active advertising, archives, shop pages and printed stock must be reviewed separately under the agreement and the specific interests involved.

May the new club use an old player photograph?
A new use requires its own rights review. It may require a release from the person depicted, rights in the photograph and a clear agreement on purpose, media and term.

What applies to a campaign that has already been paid for?
Record distribution, term, territory, contracting parties and options for change. The result can then be assessed as a question of stopping, adapting, removing or continuing the campaign until an agreed end date.