IP & USAGE RIGHTS

Thiago Calderaro

TL;DR — the 15-second answer
A sponsorship agreement should not only define which content may be used, but also:
by whom
for which purpose
on which channels
in which territory
for how long
with which editing rights
with or without the right to share it with third parties
Rule: Sponsorship does not automatically give you ownership of a logo, photo or video. You only receive the rights that have actually been granted.
1) Why usage rights matter in sponsorship
Sponsorship depends on visibility. Clubs publish sponsor logos, create videos, produce graphics and share images from tournaments. At the same time, sponsors often use club logos, team photos or event names in their own communications.
Several different rights can apply:
copyright in photos, videos, graphics and text
trademark and naming rights in logos, names and claims
personality and image rights of identifiable people
contractually granted usage rights
data protection requirements for personal content
A good sponsorship agreement therefore does more than clarify fees and deliverables. It also answers one essential question: Who may use which content, and how?
2) Ownership is not the same as a usage right
One of the most common misconceptions is:
“We paid for the photo, so it belongs to us.”
It is not that simple.
The person who creates a photo, video, design or text may retain their own rights in it. Commissioning the work does not automatically give the client every possible usage right.
You should therefore distinguish between two levels.
Level 1: Who created the content?
For example:
a photographer
a videographer
an agency
a club member
a volunteer social media manager
a sponsor
an external designer
Level 2: Who may use the content, and how?
For example:
only the club
only the sponsor
both parties
participating agencies
media partners
tournament organisers
affiliated teams
Contrast:
A = “The photographer sent us the images.”
B = “The photographer granted us the agreed usage rights in writing.”
Only option B creates real clarity.
3) What is a usage right?
A usage right allows another person or organisation to use protected content within an agreed scope.
Usage rights can be structured in different ways.
Non-exclusive usage right
The content may be used, but other people or organisations may also receive usage rights.
Example:
The club may publish tournament photos on its website and social media. The photographer may continue using the same images in their portfolio.
Exclusive usage right
Only the agreed party may use the content within the defined scope.
Example:
A sponsor funds an exclusive campaign and receives exclusive usage rights for a specific industry and a defined period.
For most club and tournament partnerships, a non-exclusive usage right is sufficient. Exclusive rights should only be agreed where they are genuinely needed and priced accordingly.
4) The seven questions every rights clause should answer
Wording such as “The sponsor may use the images” is too vague.
A good rights clause answers seven questions.
1. Which content?
Define exactly what the permission covers:
club logo
sponsor logo
tournament logo
event name
photos
videos
graphics
text
claims
audio recordings
fixtures or statistics
2. Who may use it?
Clarify whether the right applies only to the club or sponsor, or also to:
affiliated companies
agencies
production partners
media partners
platforms
subcontractors
3. For which purpose?
Possible purposes include:
communicating the partnership
promoting the tournament
social media posts
press relations
internal presentations
sales materials
recruitment
paid advertising
sponsorship reports
The more clearly the purpose is defined, the lower the risk of the content being used for something that was never intended.
4. On which channels?
For example:
website
newsletter
social media
printed materials
posters
presentations
digital tournament platform
press portals
paid social advertising
video platforms
Permission for an organic Instagram post does not automatically include the right to use the same photo in a paid advertising campaign.
5. For how long?
Define:
start of usage
end of usage
any transition period
removal obligations
archive use
A practical approach is to include a limited transition period, so existing content does not need to disappear immediately once the agreement ends.
6. In which territory?
For local partnerships, regional or national usage may be sufficient. With digital content, remember that websites and social media channels are often accessible worldwide.
7. May the content be edited?
Clarify which adjustments are permitted:
resizing
cropping
colour changes
subtitles
translation
integration into layouts
combination with other logos
addition of text or music
Rule: Without a clear editing clause, even a simple crop can lead to disputes.
5) Using logos correctly
Logos are among the most common sponsorship assets. They are also one of the easiest places to make mistakes.
Club and sponsor should clarify:
Which logo version may be used?
Are there light and dark versions?
What minimum size applies?
What clear space must be maintained?
May the logo be cropped or rotated?
May it appear on coloured backgrounds?
May it be shown next to other logos?
Does every placement require approval?
Always use the official files provided and define a clear contact person for approvals.
Sample wording
“The sponsor grants the club a non-exclusive right, for the duration of the agreement, to use the supplied sponsor logo solely for delivering and communicating the agreed sponsorship services. Usage is limited to the online and offline channels specified in the agreement. Changes to the logo are not permitted, except where technically necessary for resizing.”
For title sponsorship with naming rights, you should also define how the brand name and event name may be combined.
6) Allowing sponsors to use the club logo
The club does not only use the sponsor’s logo. Sponsors often want to communicate the partnership publicly as well.
Common uses include:
sponsor website
LinkedIn posts
press releases
sustainability reports
recruitment campaigns
presentations
sales materials
exhibition stands
Permission should be limited to communication of the actual partnership.
Sample wording
“The club grants the sponsor a non-exclusive, non-transferable right, for the duration of the agreement, to use the club logo solely for communicating the agreed sponsorship partnership on the sponsor’s own communication channels.”
This prevents the club logo from being used without permission in product advertising, sales campaigns or unrelated promotions.
7) Photos and videos: Check three levels of rights
For photos and videos, a single approval is often not enough. Three separate levels should be considered.
Level 1: Rights of the creator
Has the club obtained the necessary usage rights from the person who created the photo or video?
Level 2: Rights of the people shown
May the identifiable people be shown for the intended purpose?
Level 3: Transfer to the sponsor
May the club pass usage rights to the sponsor or grant the sponsor separate rights?
Contrast:
A = The club may publish a team photo on Instagram.
B = The sponsor may use the same team photo in a paid recruitment campaign.
Option B is an additional and often much broader form of use. It should not automatically be inferred from option A.
8) Extra care with children and young people
Youth and grassroots sport produces a large amount of content featuring minors. This requires particular care.
Before publication, clarify:
Who is identifiable in the image?
For which purpose was the content created?
Which channels are covered by the permission?
Is use by sponsors included?
Is paid advertising permitted?
How long may the content be used?
How can consent be withdrawn?
Who documents the approvals?
A general photo permission for the club website should not automatically be treated as permission for every commercial sponsor campaign.
Practical rule: The more commercial and wide-reaching the use, the more specific the consent should be.
9) Social media: Organic post or paid advertising?
Different types of usage can quickly become blurred on social media.
A sponsor may want to:
share a club post
download and re-upload a Reel
run the post as an advert
edit the video
add new subtitles
create shorter clips from it
distribute the content through an agency
These are not the same type of use.
Organic sharing
The sponsor shares or reposts an existing post using the platform’s own functions.
Separate publication
The sponsor downloads the image or video and uploads it to its own channel.
Paid use
The sponsor uses the content as an advert, sponsored post or performance campaign.
Editing
The sponsor changes the content, adds music, text or logos, or creates new versions.
All four cases should be considered separately and expressly permitted where necessary.
10) Jointly produced content: Who owns the result?
Joint content productions can be highly valuable, but they also create several rights questions.
Example:
The sponsor funds a video. The club provides the team, location and audience. An agency handles filming and editing.
At least four parties are involved:
sponsor
club
people shown in the content
production agency
Before filming begins, define:
Who commissions the production?
Who pays for it?
Who receives which usage rights?
May the raw footage be used?
Who may edit the final content?
Who decides when it is published?
May the content remain online after the agreement ends?
May it be used for paid advertising?
May individual scenes be used in other campaigns?
A strong sponsorship package should not simply list “content production” as a benefit. It should also define which usage rights are included.
11) Content approvals: Fast, but not uncontrolled
Approvals protect both sides. However, if the process becomes too complex, it can block delivery.
Define:
which content requires approval
who is responsible on each side
which information must be provided
how long the review may take
how many correction rounds are included
what happens if no response is received
Example of a simple process
Club sends the draft to the named contact
Sponsor checks the logo, brand name and agreed statements
Feedback is provided within three working days
One correction round is included
Publication follows final approval
The sponsor should not automatically gain editorial control over all club content. Its approval should be limited to its own brand, logo and agreed statements.
12) What happens after the agreement ends?
Many agreements regulate usage during the partnership but say nothing about what happens afterwards.
Clarify:
When must logos be removed from current pages?
May older social media posts remain online?
May sponsorship reports be archived?
May the sponsor continue listing the partnership as a reference?
What happens to banners and printed materials?
When does use of the event name end?
Must downloaded files be deleted?
Is there a transition period?
A useful distinction
Active use:
New posts, adverts or campaigns using the content.
Passive archive use:
Previously published content remains online as part of the club’s or company’s history.
This distinction prevents a situation where everything must either be removed immediately or may continue to be used indefinitely for new campaigns.
13) Sample usage-rights clause for a sponsorship agreement
The following structure can serve as a starting point:
“The parties grant each other, for the duration of this agreement, non-exclusive and non-transferable usage rights in the names, logos and brand assets they provide. Usage is permitted solely for delivering and communicating the agreed sponsorship partnership on the channels specified in the agreement.
Any use in paid advertising, product marketing or for purposes not directly connected to the partnership requires prior written approval. Changes to logos and brand assets are not permitted, except where technically required for resizing.
Once the agreement ends, no new content may be published using the supplied brand assets. Previously published editorial content may remain online for archive purposes, unless the other party requests its removal for a justified reason.”
This wording is deliberately general. It must be adapted to the specific partnership, content and intended usage.
14) The most common mistakes involving logos, photos and content
Mistake 1: “All rights” are transferred without detail
The wording is unclear and often broader than necessary.
Better: Define the content, purpose, channel, duration, territory and editing rights individually.
Mistake 2: The club promises rights it does not own
The club passes photos to a sponsor even though the photographer only permitted publication on the club website.
Better: Check the chain of rights before sharing content.
Mistake 3: Organic and paid use are treated as the same
A social media post is later used as an advert without further approval.
Better: Agree paid use separately.
Mistake 4: Minors are used without sufficiently specific permission
A tournament photo suddenly becomes part of a commercial sponsor campaign.
Better: Document the purpose and recipients of the usage clearly.
Mistake 5: Editing rights are missing
The sponsor re-edits a video, changes colours or adds new claims.
Better: Define exactly which adjustments are allowed.
Mistake 6: Nothing is agreed for the end of the partnership
Neither side knows which content must be removed.
Better: Regulate active use, archive use and any transition period separately.
Mistake 7: Approval processes are too slow
A tournament post is only approved once the tournament has already finished.
Better: Set named contacts and short response deadlines.
15) Checklist before publication
Before every sponsorship campaign, check:
Who created the content?
Who owns the relevant rights?
May the club use the content?
May the club grant usage rights to the sponsor?
Are identifiable people shown?
Are children or young people visible?
Does the permission match the specific purpose?
Is paid advertising included?
May the content be edited?
Are channels and duration defined?
Are approval processes clear?
Is post-agreement usage covered?
Are all consents and agreements documented?
16) FAQ
May a club use every sponsor logo it receives?
Not automatically for every purpose. Usage should be limited to the agreed partnership and the approved channels.
May a sponsor display the club logo on its website?
Yes, if the club has granted the relevant permission. Purpose, duration and channels should be defined in the agreement.
May a sponsor use club photos for advertising?
Only if the necessary rights exist for that specific type of use. Permission for the club website does not automatically cover a paid sponsor campaign.
May logos be cropped or recoloured?
Only if the rights holder allows it. Technical resizing is different from changing colours, proportions or design.
May a sponsor repost a club post?
Sharing through the platform’s built-in function may be treated differently from downloading and re-uploading the content. Permission should be defined clearly for regular commercial use.
Who owns jointly produced videos?
That depends on the agreement with the person or agency producing the content. Funding the production does not automatically determine who receives which rights.
Must all content be deleted once the agreement ends?
Not necessarily. You can distinguish between new publications and previously published archive content. This should be regulated in the agreement.
Is verbal permission enough?
A verbal agreement can be difficult to prove and may be too vague. Usage rights, approvals and transfer rights should therefore be documented in writing.
CTA
Logos, photos and videos make sponsorship visible. Clear usage rights make it safe and scalable.
Do not only define which content will be produced. Also record who may use it, where, for how long, in which form and for which purpose.
This protects your club, gives sponsors certainty and creates the foundation for content that is not only visually strong, but professionally managed.
Disclaimer
This article does not constitute legal advice and does not replace an individual legal or data protection review. The required usage rights, consents and contractual clauses depend on the specific content, the people involved and the intended purpose. Have extensive or commercially significant campaigns legally reviewed before publication.
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