Athlete persona as subjective knowledge under the common law restraint of trade doctrine

Thorpe, D

Athlete persona as subjective knowledge under the common law restraint of trade doctrine

Thorpe, D

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Publication Type:: Journal Article
Citation:: International Sports Law Journal, 2013, 13 (3-4), pp. 211 - 224
Issue Date:: 2013-01-01

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Field	Value	Language
dc.contributor.author	Thorpe, D https://orcid.org/0000-0002-3649-1724	en_US
dc.date.issued	2013-01-01	en_US
dc.identifier.citation	International Sports Law Journal, 2013, 13 (3-4), pp. 211 - 224	en_US
dc.identifier.issn	1567-7559	en_US
dc.identifier.uri	http://hdl.handle.net/10453/27038
dc.description.abstract	© T.M.C. Asser Instituut 2013. The major sporting organisations in Australia have acquired through their contractual dominance the right to utilise the reputation and persona of their employee athletes in the lucrative market for sports endorsement. Similar to certain other common law countries, there is no general ‘right of personality’ recognised under Australian law. This paper argues that the personal qualities of reputation and persona, those qualities sought by sponsors for purposes of product endorsement, are in fact the athlete’s ‘subjective knowledge’ recognised under the common law restraint of trade doctrine as the employee’s to utilise as he or she wishes.	en_US
dc.relation.ispartof	International Sports Law Journal	en_US
dc.relation.isbasedon	10.1007/s40318-013-0019-z	en_US
dc.title	Athlete persona as subjective knowledge under the common law restraint of trade doctrine	en_US
dc.type	Journal Article
utslib.citation.volume	3-4	en_US
utslib.citation.volume	13	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.issue	3-4	en_US
pubs.publication-status	Published	en_US
pubs.volume	13	en_US

Abstract:

© T.M.C. Asser Instituut 2013. The major sporting organisations in Australia have acquired through their contractual dominance the right to utilise the reputation and persona of their employee athletes in the lucrative market for sports endorsement. Similar to certain other common law countries, there is no general ‘right of personality’ recognised under Australian law. This paper argues that the personal qualities of reputation and persona, those qualities sought by sponsors for purposes of product endorsement, are in fact the athlete’s ‘subjective knowledge’ recognised under the common law restraint of trade doctrine as the employee’s to utilise as he or she wishes.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/27038