Saudi Arabia’s rapid transformation has placed sports at the heart of its global positioning. With significant investments in football, motorsport, boxing, and e-sports, athletes are increasingly in the spotlight as both competitors and brand ambassadors. This surge in visibility has amplified the importance of protecting and monetising athlete image rights.
While Saudi Arabia does not yet recognise a standalone “right of publicity,” athletes benefit from protection through a patchwork of legal frameworks. These range from copyright and data protection laws to advertising regulations and contract principles. Understanding this framework is critical for athletes, clubs, and sponsors seeking to safeguard value and navigate compliance in one of the world’s fastest-growing sports markets.
Legal and Regulatory Framework for Athlete Image Rights
Copyright Law and Consent
Saudi Copyright Law prohibits the publication or commercial use of a person’s photograph or likeness without their consent, subject to limited exceptions. This provides athletes with a foundational legal tool to control unauthorised use of their image in campaigns, merchandise, or media.
Personal Data Protection Law (PDPL)
The PDPL, implemented in 2021 and updated in 2023, classifies an individual’s image and biometric features as personal data. Organisations must obtain explicit consent to collect, process, or share this data, and are subject to restrictions on cross-border transfers and data retention. For athletes, this ensures additional control over the commercial use of their likeness in digital and broadcast media.
Anti-Cyber Crime Law
The Anti-Cyber Crime Law criminalises acts that invade privacy, including unauthorised use or distribution of personal images via electronic means. This provides athletes with recourse against online misuse of their images, such as “deepfakes” or unlicensed digital endorsements.
Trademark Protection
Names, signatures, and even player numbers may be registered as trademarks with the Saudi Authority for Intellectual Property (SAIP). This enables athletes to secure exclusive rights to their commercial identity, strengthen enforcement against counterfeiting, and create structured licensing programmes.
Advertising and Media Regulations
Saudi advertising regulations prohibit misleading promotions and require transparency in sponsored content. Influencers and athletes endorsing products on social media must obtain a media licence and disclose paid partnerships. Breaches may result in fines or licence suspension, underscoring the importance of compliance in brand collaborations.
Civil Transactions Law (2023)
The recently enacted Civil Transactions Law codifies principles of contract and tort liability. It provides a framework for damages claims where unauthorised use of an athlete’s image causes material or moral harm. This enhances legal certainty in disputes relating to image rights breaches.
Monetisation of Athlete Image Rights
Endorsements and Sponsorships
Athletes in Saudi Arabia are increasingly signing endorsement deals spanning apparel, technology, financial services, and lifestyle products. Agreements typically cover the scope of use, territorial rights, exclusivity, approval processes, and morality clauses.
Licensing and Merchandising
Image rights can be licensed for merchandise such as jerseys, collectables, and digital content. Trademark registration strengthens protection and enforcement, while well-drafted licensing contracts ensure revenue sharing and quality control.
Collective Rights in Team Sports
Clubs and federations often control collective image rights for team campaigns and league promotions, while athletes retain personal rights. Careful contract drafting is required to prevent conflicts between personal endorsements and league sponsors.
Digital and Social Media Content
With the rise of influencer marketing, athletes increasingly monetise personal platforms. Compliance with PDPL, advertising disclosure rules, and influencer licensing is essential to avoid regulatory breaches.
Tax Considerations
- Withholding Tax (WHT): Payments for licensing or endorsement fees to non-resident athletes are often treated as royalties and may be subject to 15% WHT, subject to treaty relief.
- Value-Added Tax (VAT): Image rights services supplied in Saudi Arabia are generally subject to 15% VAT. For non-resident athletes, Saudi entities may need to account for VAT under the reverse charge mechanism.
- Zakat/Income Tax: Saudi or GCC nationals may fall under zakat rules, while foreign athletes and entities remain subject to corporate income tax.
Tax structuring is therefore critical in cross-border endorsement and licensing arrangements.
Key Legal Risks
- Unauthorised Exploitation: Online misuse or counterfeit merchandise can dilute brand value.
- Ambush Marketing: Unauthorised association with major sporting events may infringe advertising rules and trademark rights.
- Reputation Management: Breach of morality clauses or reputational disputes can trigger contract termination.
- Compliance Failures: Lack of influencer licensing or PDPL consent may result in regulatory penalties.
- Cross-Border Complexities: Multinational campaigns must reconcile Saudi rules with foreign IP, tax, and data regimes.
Dispute Resolution and Enforcement
Disputes may arise over endorsement contracts, misuse of images, or trademark infringement. Saudi courts and the Saudi Center for Commercial Arbitration (SCCA) provide avenues for enforcement. As a signatory to the New York Convention, Saudi Arabia also enforces foreign arbitral awards, subject to Sharia principles. Regulatory authorities such as SAIP, SDAIA, and the Ministry of Commerce play active roles in policing infringements.
Strategic Opportunities
The legal framework—though fragmented—offers clear pathways for athletes and brands to protect and commercialise image rights. Key opportunities include:
- Brand Building: Registering trademarks and reserving digital domains to strengthen brand portfolios.
- Digital Innovation: Leveraging compliant social media and e-commerce channels for monetisation.
- Structured Contracts: Aligning endorsement and licensing agreements with PDPL, advertising, and tax rules.
- Event Leverage: Harnessing the Kingdom’s investment in mega-sporting events to expand regional and global brand reach.
Saudi Arabia’s evolving sports ecosystem offers unprecedented opportunities for athletes to monetise their image rights. While the Kingdom lacks a unified “publicity right,” a combination of copyright, data protection, advertising, and contract laws provides robust protection when used strategically. By anticipating compliance requirements and structuring deals carefully, athletes, clubs, and brands can unlock long-term value while safeguarding reputation and legal integrity.