(021) 200 5644
·
info[at]debruynlegal.co.za
·
Mon - Fri 08:00-16:00
Send Whatsapp

Legal strategies every athlete and artist needs

In the ever-evolving sports and entertainment field, talent alone is no longer enough. Whether you’re a rising rugby star, a musician, a viral content creator or a seasoned actor, your career is more than a passion — it’s your business and livelihood. It deserves to be legally protected.

1. Your talent is the brand — we help you own it

Success in the public eye doesn’t happen by chance. It’s built through hard work, smart decisions, and the right legal support. While you focus on your training, performing, creating or competing, we handle the legal and commercial details behind the scenes. From your first contract to brand endorsements, licensing deals, digital platforms, and long-term career planning — every agreement should support your growth and protect your future.

2. How we support you

We offer “in it to win it” expert legal services tailored to athletes, artists, and public figures, including:

  • Contract negotiation and review: Player agreements, artist contracts, broadcast and promoter deals, influencer and endorsement agreements.
  • Image, personal and publicity rights: Control how your name, likeness, voice, and persona are used — especially online.
  • Sponsorship and endorsement structuring: Ensure fair compensation and protect your image from misuse.
  • Intellectual property protection: Trademarks, merchandising, royalties, licensing, and digital content rights.
  • Agent, manager, and promoter relationships: Define clear roles, accountability, and aligned incentives.
  • Dispute resolution and reputation management: Defamation, breach of contract, unpaid earnings, and crisis strategy.
  • Career and asset protection: Trusts, tax-efficient planning, and legacy preservation.

3. Important legislative developments

With AI-generated content and deepfakes on the rise, South African courts are reinforcing common law protections for identity and dignity. A recent Gauteng High Court case confirmed that unauthorised commercial use of a public figure’s likeness can amount to unlawful exploitation.

In 2024, several South African public figures were victims of deepfake videos used to promote fraudulent schemes. These incidents highlight the growing risk of unauthorised use of one’s likeness through AI-generated content.

The Supreme Court of Appeal held that the unauthorised use of a person’s name and image by a former business partner infringed personality rights, including identity and dignity. The Western Cape High Court similarly ruled that publishing a minor’s photograph without consent constituted an invasion of privacy.

In another notable case, a former beauty icon sued a labouratory for using her image without permission. The court found that the unauthorised use created a false impression of endorsement, infringing on her personality rights.

4. Protecting your goal: legal protection and remedies

While there’s no specific legislation for image rights in South Africa, individuals can seek protection under common law. Remedies include:

  • Interdicts: To prevent further unauthorised use of one’s image.
  • Damages: Compensation for harm to reputation, dignity, or emotional distress.
  • Apologies or retractions: To correct false implications of endorsement or association.

Representation disputes have also gained traction, with artists and athletes challenging vague or unfair contracts — especially regarding revenue sharing and termination rights.

Tax and trust structures: SARS has increased scrutiny of offshore earnings and digital income. Proper structuring through trusts or entities offers valuable protection.

E-sports and influencer regulations: As digital careers expand, regulators are developing frameworks for monetisation, advertising, and online gambling — impacting how influencers and gamers structure deals.

Legislation such as the Protection of Personal Information Act (POPIA) and the Films & Publications Act provide additional safeguards, while the Constitution of South Africa protects individuals against misuse of personal identity and privacy violations.

5. Legal strategy is your competitive edge

We don’t just draft contracts — we protect careers. Our deep understanding of the industry means we identify legal risks before they become problems. Whether you’re signing your first deal or renegotiating your biggest one, we help you stay in control of your name, rights, revenue, and reputation.

Your craft takes centre stage; we handle everything else. With our legal team in your corner, your image rights and livelihood remain secure — so you can shine in the spotlight with peace of mind.

Contact A de Bruyn Attorneys today to discuss your legal strategy for long-term success — on the field, on stage, or online.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.