Learn how international athletes can stop unauthorized commercial use of their name, image, voice, likeness, or digital replica in Turkey and claim compensation in 2026.

An athlete’s public identity may have substantial commercial value. Brands, sports clubs, online retailers, betting platforms, fitness businesses, social media accounts, video-game developers, and advertising agencies may attempt to benefit from an athlete’s reputation by using their photograph, name, signature, voice, likeness, or digital avatar.

Being a public figure does not mean that an athlete’s identity may be used freely for advertising. Turkish law generally distinguishes legitimate news reporting and public-interest coverage from commercial exploitation intended to sell products, promote services, attract customers, or create an unauthorized endorsement.

International athletes whose images are used commercially in Turkey may seek removal of the content, an injunction, compensation, payment of the reasonable licensing value, termination of unlawful processing, and other remedies depending on the circumstances.

What Constitutes an Athlete’s Image?

The legal concept of an athlete’s image is not limited to a photograph. Commercial identity may include:

• the athlete’s name or nickname;
• photograph and physical appearance;
• voice, signature, and personal logo;
• shirt number or distinctive celebration;
• biography and career history;
• social media content;
• video footage and recorded interviews;
• digital avatar or game character;
• AI-generated image or cloned voice;
• any characteristic that makes the athlete recognizable.

Protection may arise under personality-rights law, personal data legislation, intellectual property rules, contract law, advertising regulation, and unfair competition provisions.

When Does Commercial Use Become Unauthorized?

Commercial use may be unlawful when a person or company uses an athlete’s identity without valid authorization or exceeds the limits of an existing authorization.

Typical examples include:

• placing the athlete’s photograph on product packaging;
• using the athlete in an online advertisement;
• selling merchandise carrying the athlete’s image;
• creating a false endorsement;
• using old campaign content after a licence expires;
• modifying an approved advertisement without permission;
• allowing affiliates to use the content without sublicensing rights;
• creating an AI-generated commercial featuring the athlete;
• using match photographs in unrelated advertising;
• operating a fake social media account in the athlete’s name.

An existing relationship with the athlete does not automatically permit every commercial use. A club, sponsor, federation, photographer, or broadcaster may possess limited rights for a specific purpose but lack authority to grant broader advertising rights.

Personality Rights Under Turkish Law

An athlete’s image, name, honour, reputation, privacy, and personal identity are protected as personality interests under Turkish civil law.

Where an unlawful interference occurs, the athlete may request:

• prevention of an imminent violation;
• cessation of an ongoing violation;
• determination that a completed act was unlawful;
• correction or publication of the court decision;
• material compensation;
• moral compensation;
• transfer of profits obtained through the unlawful use.

The commercial value of a famous athlete’s identity does not eliminate its personal character. Consent should therefore be evaluated according to its purpose, duration, territory, platform, and scope.

A general permission given for a club photograph should not automatically be interpreted as authorization for an unrelated company to advertise consumer products.

Protection of Photographs and Portraits

Turkish intellectual property legislation also regulates the publication and commercial use of portraits and photographs.

The identity of the photographer and ownership of the photograph should be distinguished from the athlete’s personality rights. A company may lawfully obtain a photograph from a photographer but still lack permission to use the athlete’s likeness for advertising.

Therefore, commercial users may need separate authorization from:

1. the photographer or copyright holder;
2. the athlete whose image appears in the photograph;
3. the club, league, federation, or event owner where protected logos or footage are involved.

Obtaining only one category of rights may not provide complete legal protection.

The Athlete’s Image as Personal Data

A recognizable photograph, video, or voice recording may qualify as personal data under Turkish data protection law. Data controllers must identify a valid legal basis, provide the necessary information, limit processing to legitimate purposes, and take appropriate security measures.

The Turkish Personal Data Protection Board has found unlawful processing where photographs remained on a company’s social media account without a valid processing condition. It ordered corrective action and imposed an administrative fine in that case.

The Board has also treated the publication of a person’s image in unrelated online content without a lawful processing condition as a data protection violation.

An athlete may first apply to the relevant data controller and request information, deletion, destruction, correction, or termination of unlawful processing. Depending on the response, a complaint may then be submitted to the Personal Data Protection Board. The right to claim compensation under general legal provisions remains available separately.

Does Public Availability Amount to Consent?

No. A photograph appearing on a club website, social media account, news platform, or search engine does not automatically become available for unrestricted advertising.

The purpose of the original publication is important. A match photograph published for sports reporting cannot necessarily be copied by a retailer and used to sell shoes, supplements, or betting services.

Likewise, following an athlete on social media does not grant permission to reproduce personal content in a commercial campaign.

Consent must be connected to the intended processing or use. Broad, hidden, or ambiguous consent clauses may be challenged, especially where the commercial use was not reasonably foreseeable.

Club Rights and Individual Athlete Rights

Sports clubs often receive rights to use player images for ordinary sporting, institutional, and team-related promotion. These rights may cover squad photographs, match announcements, club websites, licensed merchandise, and sponsor obligations.

However, club rights must be examined carefully. A sponsor may be entitled to use a group photograph but not to present a particular athlete as individually recommending its product.

Important questions include:

• Is the athlete shown individually or as part of the team?
• Does the use imply a personal endorsement?
• Is the sponsor within a conflicting product category?
• Does the employment contract authorize commercial use?
• Is the campaign limited to the contract period?
• May the content be used after the athlete leaves the club?

The answer depends on the exact wording of the employment, sponsorship, collective-rights, and image-licensing agreements.

Unauthorized Use Through Influencer Advertising

An athlete’s photograph may also be used to promote products through influencers, sponsored posts, affiliate links, or hidden advertising.

Commercial communications must be identifiable as advertisements. Turkey’s official influencer advertising guidance defines social media influencers and establishes transparency expectations for commercial promotions.

The advertiser cannot avoid responsibility merely by claiming that an agency, influencer, distributor, or social media manager published the content. Contracts should allocate responsibility, but contractual allocation does not necessarily eliminate regulatory or civil liability toward the athlete.

AI-Generated Images and Digital Replicas

Artificial intelligence creates new risks for athletes. A company may generate a realistic image, synthetic voice, or digital replica that falsely suggests that the athlete personally used or recommended a product.

Turkey’s July 2026 advertising amendments specifically prohibited advertisements in which an AI-generated digital copy of a real person creates the impression that the person personally experienced or recommended a product or service.

Athletes may challenge AI-generated commercial content based on personality rights, personal data, misleading advertising, unfair competition, contractual rights, and other applicable grounds.

An ordinary photograph licence should not automatically be treated as authorization to train an AI model, clone a voice, create a virtual athlete, or produce synthetic advertisements.

Evidence Athletes Should Preserve

Immediate evidence preservation is critical because online content may be deleted or changed after a complaint.

The athlete should preserve:

• screenshots showing the complete webpage;
• publication dates and account names;
• URLs and advertisement identifiers;
• videos and sponsored posts;
• product packaging and catalogues;
• invoices or sales records where available;
• correspondence with the advertiser;
• existing contracts and licence agreements;
• evidence of advertising reach;
• consumer comments showing perceived endorsement.

A notarial determination, expert examination, or other reliable digital evidence method may be appropriate in urgent cases.

Compensation for Unauthorized Image Use

An athlete may claim different forms of financial relief depending on the legal basis.

Potential claims include:

• the ordinary market value of an image licence;
• unpaid contractual fees or royalties;
• direct financial loss;
• loss of another sponsorship opportunity;
• profits obtained by the unauthorized user;
• damage to professional reputation;
• moral compensation for infringement of personality rights.

The amount is not automatically equal to the advertiser’s total revenue. Courts may consider the athlete’s reputation, campaign reach, duration, territory, media type, product category, exclusivity value, commercial benefit, and seriousness of the violation.

Legal Remedies and Appeal Process

The athlete should normally act quickly through the following measures:

1. Formal Cease-and-Desist Notice

A legal notice may demand immediate removal, suspension of the campaign, disclosure of sales information, preservation of evidence, and payment of compensation.

2. Interim Injunction

Where the campaign is continuing or causing serious harm, the athlete may seek an interim injunction before or during litigation. The requested measure may include blocking publication, stopping sales, removing advertisements, or preventing further distribution.

3. Civil Lawsuit

The athlete may file claims based on personality-rights infringement, contractual breach, unfair competition, intellectual property rules, or unlawful data processing.

4. Data Protection Application

The athlete may apply to the data controller and subsequently complain to the Personal Data Protection Board where the legal requirements are satisfied.

5. Advertising Complaint

Misleading advertisements or false endorsements may be reported to the competent advertising authorities. Regulatory proceedings may result in suspension, correction, or administrative sanctions.

6. Criminal Complaint

Certain conduct involving unlawful recording, disclosure, acquisition, or dissemination of personal data may also require criminal-law assessment. The Personal Data Protection Board has previously referred complainants to judicial remedies where unauthorized social media publication could fall within criminal provisions.

Court judgments and administrative decisions may be challenged through the applicable objection or appeal procedures. The correct deadline depends on the type of decision and competent authority.

Frequently Asked Questions

1. Can a company use a famous athlete’s photograph without permission?

Generally, not for advertising or commercial endorsement merely because the athlete is famous.

2. Can a sports club authorize a sponsor to use every player individually?

Only if the club holds sufficient contractual rights. Individual use may require separate athlete consent.

3. Can an athlete demand immediate removal?

Yes. A formal notice, platform complaint, data protection request, or interim injunction may be used depending on the case.

4. Can the athlete claim the normal licensing fee?

Yes. The reasonable licence value may be relevant when calculating financial compensation.

5. Is a social media photograph free to use?

No. Public accessibility does not automatically authorize commercial reproduction.

6. Can old advertisements remain online after a licence ends?

Only where the agreement permits continued archival use. Active promotion after expiration may be unlawful.

7. Can AI recreate an athlete for an advertisement?

Not without a valid legal basis and appropriate authorization. False AI endorsements create serious legal risk.

8. Can both the athlete and photographer bring claims?

Potentially, yes. They may hold different rights in relation to the same photograph.

9. How quickly should the athlete act?

Immediately. Delay may increase damage, weaken urgent-relief arguments, and make evidence more difficult to obtain.

Client-Focused Legal Support

Unauthorized use of an athlete’s identity can damage both commercial value and personal reputation. Early intervention is often necessary to remove content, preserve evidence, identify responsible parties, and prevent continued exploitation.

Lawyer Fırat Fesih Kaya and Fırat Fesih Kaya Law Office advise international athletes, agents, sports clubs, sponsors, and brands on unauthorized image use, personality-rights claims, image licensing, digital advertising, AI-generated content, personal data protection, compensation, and sports disputes in Turkey.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

Legal Disclaimer: This article provides general information and does not constitute legal advice. The available remedies depend on the content, purpose, contractual relationships, publication medium, territory, evidence, and circumstances of each case.