Original Source: iGamingToday
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Introduction
In a scenario of increasing regulation and attention to image rights in sports, Brazilian football players have obtained provisional judicial injunctions preventing betting operators from using their names and images in personalized betting markets. This case, involving athletes from the Brazilian Championship Series B and D, marks a new chapter in the legal dispute over the commercial use of players’ identities in the sports betting sector.
Details of the Injunctions and Those Involved
The judicial orders benefit striker Guilherme Marques (Atlético-GO), striker Gabriel Barros (América-MG), defender Gustavo Vilar (Botafogo-SP), and striker Ricardo Bueno (Pouso Alegre), a former Palmeiras player. The betting operators cited in the lawsuits include Verabet, Cassino BET, bet365, and Betano. It is crucial to emphasize that, although provisional, these decisions represent a significant step in the relationship between athletes and betting operators, and may be altered during the course of the proceedings.
Legal Coordination and RA LAW’s Arguments
The coordination of these lawsuits is handled by the RA LAW law firm, based on arguments developed by lawyer and sports entrepreneur Marcelo Robalinho, also owner of the ThinkBall career management agency.
The central dispute does not refer to traditional betting markets, which involve the general results of games. Instead, the controversy revolves around personalized betting markets, where the specific names and performances of players are used for individual bets, such as goals scored, cards received, or the number of fouls committed during a match.
Attorneys for the athletes argue that these products use the identity and sporting performance of the players without due prior authorization. This transforms athletes into central elements of betting products, rather than mere participants in sporting events.
Athlete Safety and Image Rights: The Pillars of the Argumentation
In addition to the issue of image rights, the legal dispute addresses the safety and integrity of athletes. Marcelo Robalinho highlighted that individualized betting markets can make athletes more vulnerable to threats and harassment from bettors dissatisfied with sports results. Robalinho mentioned that some athletes have already received threats from people angered by missed penalties, wasted goal opportunities, or other game situations that resulted in financial losses for bettors.
He also drew a parallel with the video game industry, where the use of players’ names, images, and personal characteristics generally requires some form of licensing. For the athletes’ legal representatives, personalized betting markets should follow a similar principle.
The lawsuits seek not only compensation for the unauthorized commercial use of players’ identities and names but also the removal of their names and images from betting platforms. The main objective, as emphasized by the lawyers, is to protect the athletes’ image rights and prevent any association with betting products without their prior approval.
Robalinho explained:
“There are constant complaints from athletes about being associated with sports betting. This is dangerous. It is a market that some people approve of and others do not; it has its negative aspects. The athlete can become dependent on things outside their control, which will cause immense damage to their image.”
Betano’s Defense and the Legal Compensation Mechanism
In response to the injunction received in the lawsuit against Ricardo Bueno, Betano, represented by the company Kaizen Gaming, argued that Brazilian fixed-odds betting legislation already establishes compensation mechanisms for the use of sports assets.
According to Kaizen Gaming, this law requires betting operators to allocate part of their revenue to organizations included in the National Sports System (Sinesp) in exchange for the use of names, images, brands, emblems, and other elements related to sports competition.
Kaizen Gaming also defends the need to differentiate the unauthorized use of an individual’s image from a simple reference to public sports facts and events.
Future Perspectives
As these cases progress, they will likely influence the legal boundaries of using athletes’ identities in personalized betting markets, shaping the future relationship between sports, players, and the betting industry in Brazil.