Russian Journal of Agricultural and Socio-Economic Sciences (Feb 2024)
IMAGE RIGHTS OF FOOTBALL PLAYERS IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY PROTECTION IN INDONESIA
Abstract
The 2009 policy of the Indonesian football league management, mandating that football clubs competing in the 2009-2010 Indonesian Super League must be legal entities, resulted in the transformation of several clubs that maintained amateur status. Amateur associations, funded through the regional budget regulated by the Ministry of Home Affairs Regulation No. 13 of 2006, revised to Ministry of Home Affairs Regulation No. 59 of 2007, underwent this transition. One notable example of an amateur association evolving into a professional club is Persib Bandung, which established a legal entity in the form of a Limited Liability Company (PT) known as PT Persib Bandung Bermartabat (PT PBB). A professional measure taken by PT PBB involved entering into contracts with individual players. One clause stipulated in these contracts pertained to image rights, the management of which was held by PT PBB, with players entitled to royalties for the use of their image rights. This research examines and analyzes image rights from the perspective of Intellectual Property Rights as a component of property law within the civil law concept. The study utilizes a qualitative analysis with a normative legal approach. The research concludes that the image rights referred to in the contracts of Persib Bandung players constitute objects eligible for the protection of intellectual property rights, specifically copyright and trademark rights.
