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

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Journal Article
International Sports Law Journal, 2013, 13 (3-4), pp. 211 - 224
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© 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.
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