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ACB-ACA guidelines forwarded to ICC for consideration

By Our Special Correspondent

Leeds Aug. 26. The Australian Cricket Board (ACB) - Australian Cricketers Association (ACA) formulated guidelines called the `template' that has been forwarded to the other full members of the International Cricket Council (ICC) for consideration at the ICC Executive Board meeting in Dubai on August 31 has recommended that the consent of the player (picked for the Champions Trophy in Sri Lanka and the World Cup in South Africa) should be taken before the event sponsors exploit his image in different forms for advertising and promotional activity for a period of six months after the completion of the tournament.

The template includes resolutions for the following issues:

1. Pre-existing obligations of players that conflict with ICC sponsors; 2. And defining parameters for the use of player image, which includes an approval and dispute resolution process.

In the case of overseas players, the template suggests a compensation model for the substantial rights the players have given up. While defining parameters it has been suggested that the player concerned be given the right of refusal for his image to be used in any form stating reasons and that the matter, should the ICC Development International Ltd. (IDI) disagree with it, may be forwarded for dispute resolution procedure.

The ACB has told the other Cricket Boards that the relevant terms can be applied across all ICC Events included in the current deal with GCC with the understanding of the ICC that the relevant terms have some sort of "portability" to assist other member countries in their discussions with their players.

The ACB and ACA agreement has taken into account two fundamental issues such as (1) the existence of pre-existing players sponsorship agreements that conflict with ICC event sponsors and (2) the use of player attributes by ICC sponsors.

It also reiterates that it is the players' responsibility to ensure that they include sufficient powers in any new sponsorship agreements they sign which allow them to ensure that, if their sponsors conflict with any ICC event sponsors, their sponsors will not use the player's attributes in any promotional activity within 30 days either side of the ICC event.

The ACB has told the Boards that the second issue has been resolved on the basis of a set of guidelines and that the key to the success of the guidelines (in giving the players comfort about how the attributes may be used by ICC sponsors) is that the players have some involvement in the approval process.

The following is the `template' for use of Player Images and the Definition of Personal Endorsement. The document sets out the guidelines for the interpretation of clause 10 of the Player Terms for the ICC Champions Trophy 2002 as applicable to the Australian players in accordance with an agreement between the ACB and the ACA.

The relevant clause of the Player Terms provides: The squad member hereby grants to IDI the irrevocable right during the Term and for six months following the conclusion of the Event (save as otherwise provided by Paragraph 9 of these Player Terms) to use, and/or sublicense the use by other persons of the Squad Members name(s), photograph(s), likeness (es), performance(s), autograph(s) and biographical material in connection with the promotion of the Event and exploiting the Commercial Rights (excluding the Hosts Rights).

Such right shall be for the duration of the Term and for six months following the conclusion of the Event, save as otherwise provided by Paragraph 9 of these Player Terms and save in respect of Use of the attributes/materials concerned (as referred to above) in and in connection with interactive computer games and software (in any medium) in which respect the right granted shall be without limit of time. Such names, photographs, likenesses and biographical material shall not (without the prior written consent of the relevant Squad Member) be used in any manner which may reasonably be considered to constitute a personal endorsement by any such Squad Member of any product or service."

1. Squad members are being required to grant consent to IDI for the use of Player Attributes by IDI and its licensees (including Sponsors) for legitimate purposes: 1.1 In connection with the promotion of the Events; and 1.2 For the exploitation of the commercial rights granted to sponsors in connection with the Events.

2. The use of Player Attributes by Sponsors in exploiting these commercial rights is however subject to the following limitations:

2.1. All uses of Player Attributes are subject to prior approval by IDI which will only be granted where the proposed use is reasonable and appropriate taking into account the legitimate interests of the sponsors on the one hand and the interests of the Squad Member on the other. IDI shall be obliged to obtain the prior consent of the Squad Member in accordance with the provisions of clause 3 hereunder.

2.2. Use is only permitted by any Sponsor for legitimate purposes within the scope of the rights granted to such Sponsor in connection with its Sponsorship of the Events i.e., such use must be in a manner, which reflects the Sponsor's association with the Events.

2.3 Use is not permitted to extend beyond six months following the conclusion of any Event (save for computer games).

2.4 Use of Player Attributes must not be such as may reasonably be considered to constitute a personal endorsement of any product or service by any individual player (save with such player's consent) - without prejudice to the generality of this, and save with players specific consent, use of Player Attributes will only be approved by IDI if such use involves use of Player Attributes of three or more players, such players being given equal exposure, save that: a) Single player images may be used (without commercial branding) where the items carrying the images form a set or series incorporating images of a number of different players and further provided that the items concerned are not for sale (i.e. are premium incentives) and are distributed in multiples or three or more items carrying different player images (e.g. stickers or discs). b) In circumstances where players from different countries are used in endorsements (i.e. where no two players come from the same team), particular care will be taken by IDI to ensure that the impression of a personal endorsement is not created.

2.5. The attributes of the Squad Members shall only be used in one promotional campaign (in one form of media) per partner/sponsor per Squad Member in relation to each Event.

2.6 Notwithstanding the requirements for players to grant general consent to the use of Player Attributes to IDI and its licensees in accordance with the above, to the extent that any proposed use of Players Attributes by a Sponsor requires use of materials (e.g. photographs or film/TV footage) or actual player participation (e.g. in the filming of a TV commercial) then it is the responsibility of the Sponsor to negotiate terms for access to, use of and rights in connection with such materials and player participation with the players concerned and with the owners of such materials and rights in the same (including copyright where applicable).

3. Squad Member's Consent to Use of Player Attributes a) IDI agrees to give the Squad Member at least seven (7) days' notice of an intention by a Sponsor of the Event to use the Squad Member's name, likeness, photograph, autograph and biological material ("Attributes") in promotional or advertising activities permitted under the Player Terms. b) The Squad Member may refuse to consent to the proposed use of his Attributes as notified to him under paragraph (a) above if he believes that the proposed use is not permitted under the Player Terms provided he notifies IDI in writing to that effect (stating his reasons) within two (2) working days of receiving that notification. c) If IDI disagrees with the basis upon which the Squad Member has refused to consent to the use of his Attributes, the matter will be dealt with in accordance with the disputes resolution procedure set out.

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