Erika Handoyo Kusumaningtyas
Universitas Negeri Jakarta

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Athlete Image Rights in the Digital Era: Legal Protection against Unauthorized Commercial Use in Indonesian Sport Erika Handoyo Kusumaningtyas
Indonesian Sports Justice Review Vol. 3 No. 1 (2026): January, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/a2edaw56

Abstract

The commercialization of athletes' identities has expanded significantly through social media, digital advertising, sponsorship, merchandise, and sports broadcasting. An athlete's name, likeness, photograph, voice, and personal identity may generate substantial economic value, yet unauthorized commercial exploitation can occur without adequate legal protection or compensation. This article examines the protection of athlete image rights in Indonesia, particularly in the context of digital commercialization. Using normative legal research, the study analyzes personality rights, intellectual property, privacy, contractual principles, and sports-specific commercial arrangements. The research identifies a fragmented legal framework in which athlete image rights may overlap with copyright, trademark, privacy, publicity, and contractual rights without being comprehensively recognized as an independent sports-related interest. This uncertainty may disadvantage athletes when clubs, sponsors, broadcasters, or digital platforms exploit their identities beyond the scope of contractual authorization. The article proposes a clearer contractual and regulatory framework establishing consent, permitted uses, duration, territorial scope, compensation, and post-contract restrictions regarding athlete image exploitation. Such protection should distinguish between legitimate team-related commercial use and independent commercial exploitation. Strengthening athlete image rights would provide greater economic autonomy to athletes while creating legal certainty for clubs, sponsors, and other stakeholders in Indonesia's digital sports industry.