(Left to right): Dr. Raj S. Davé, Legendary Cricketer Sunil Gavaskar, Dr. Hiten Ghosh. / Asia Society

On Apr,10, 2025, I had the honor of attending a private event in Virginia, USA, hosted by WHEELS Global Foundation. Two extraordinary individuals were featured speakers: Sri Madhusudan Sai, a spiritual and social leader, and the legendary cricketer Sunil Gavaskar. The event was beautifully emceed by Mr. Suresh Shenoy.

After the event, I was introduced to Mr. Gavaskar as an intellectual property attorney. During our chat, he mentioned that many photos and videos were taken of him throughout his cricket career in the 1970s and 1980s—and he asked a very good question: Who owns the rights to those images and recordings?

In today’s world, images and videos of celebrities spread quickly across social media, websites, and advertisements. But just because someone captures a moment doesn’t mean they can use it however they want—especially when it features someone as famous as Sunil Gavaskar.

For sports stars, the biggest concern is simple: others might use their photos or videos to make money—through ads, merchandise, or social media—without asking for permission or offering any payment. This is especially unfair to athletes whose face, name, or action shot can help sell anything from shoes to snacks.

Fortunately, athletes do have rights. In many countries, including the United States, they are protected by what is called the “right of publicity.” This gives them control over how their name, image, voice, and likeness are used. If someone uses their photo in an ad or on a product without their permission, the athlete can take legal action. However, these protections vary from country to country. Some countries have clear laws, while others are still in the early stages of recognizing these rights.

One thing that surprises many people is that the person who presses the shutter button or records the video usually owns the copyright—not the person in the image. Even if the photo is taken on the athlete’s phone, they don’t automatically own the rights unless they took the photo themselves. For example, if a fan takes a photo of a cricketer during a match, the fan owns the copyright. But if the fan then uses the photo to promote a business or sell a product, they could be violating the athlete’s publicity rights.

There is a difference between editorial and commercial use. Photos used in news articles, documentaries, or biographical features are typically allowed under editorial use, and usually don’t require the athlete’s permission. But using the same photo to promote a brand or sell merchandise is a commercial use—and almost always needs the athlete’s approval.

Dr. Raj S. Davé, Sunil Gavaskar and Dr. Hiten Ghosh in conversation at the event. / Asia Society

When athletes join professional clubs or leagues, they often sign contracts that give those organizations the right to use their images for promotional purposes. A football club, for instance, may have the right to use a player’s photo in team ads, and a league may sell footage of games to sponsors or media companies. However, top athletes often negotiate special clauses in their contracts to keep some control over their image—especially for endorsements or personal branding.

To protect and manage their image, many well-known athletes set up Image Rights Companies. These companies legally own the athlete’s name, image, and likeness. They handle licensing deals with brands, sponsors, and media companies, and collect any related payments. This setup gives the athlete better legal protection, global control, and financial benefits.

There are other ways athletes protect their image as well. Some take legal action to stop unauthorized use by sending cease-and-desist letters. Others use software that tracks when their image appears online without permission. Some athletes trademark their name, nickname, or signature celebration. Many also file takedown requests with social media or e-commerce sites when their image is misused.

One ongoing challenge is that laws are not consistent around the world. The U.S. has strong protections, while countries like India are still developing theirs. To stay ahead, many top athletes work with legal experts across countries to register their trademarks and enforce their image rights internationally.

As a real-life example, this article includes a photo of Dr. Hiten Ghosh, Mr. Gavaskar, and me, taken during the Virginia event. The photo was captured on my iPhone by someone who kindly offered to take it—but I don’t remember who it was. Technically, the person who took the photo owns the copyright, not me. Because I don’t know who that person is, the copyright status is unclear. I can use the image for personal purposes, such as in this article, but using it commercially—like in an advertisement—could be legally complicated.

In today’s digital age, an athlete’s image is almost as valuable as their athletic performance. Sports legends like Sunil Gavaskar, Cristiano Ronaldo, and Serena Williams are not just players—they are global brands. And just like any brand, their image needs careful protection.

Whether you’re a rising athlete or a global superstar, the message is the same: know your rights, protect your image, and make sure that if someone is benefiting from your fame, you’re part of the picture—and the paycheck.

 

Raj S. Davé is a legal and business advisor specializing in intellectual property. This article was written in response to a question posed by cricket legend Sunil Gavaskar.