The image of professional athletes has long been one of the most valuable assets in the marketing market. In a world where consumer recognition and trust have become tangible currencies, athletes, thanks to their popularity and credibility, occupy a unique place in corporate marketing strategies. Since the 1990s, when global agencies like ISL began to view sport not only as a spectacle but primarily as a commercial platform, image rights have become a key business asset.

At the same time, the increasing economic value of image rights means that violations are happening more often. A clear example is the recent case where Robert Lewandowski’s image was illegally used to promote an illegal online casino. This case clearly shows how easily the boundaries of image rights are ignored, especially online and with digital tools.

So, what exactly is an image? It is considered one of the personal interests that everyone has. Judicial law has consistently recognized personal interests as non-property values closely connected to a person’s identity and highly valued in society.

Legal basis for image protection in Poland

There is no legal definition of image in the current regulations. However, case law has given it some helpful meaning, including the critical Supreme Court judgement of December 16, 2009 (I CSK 160/09), based on the now-repealed Article 33 of the Qualified Sports Act of 2005. In this context, an image is understood as a representation of a specific person’s appearance, recorded, for example, in a photograph, portrait, or other graphic form. Image rights are defined in two normative acts:

Copyright and Related Rights Act (Article 81): The principle is that the depicted person’s consent must be obtained before their image is disseminated. Exceptions to this rule are interpreted narrowly to avoid limiting individual protection. When a violation occurs, the injured party may demand action to eliminate its effects.

Civil Code (Articles 23–24): An image, like a name or pseudonym, falls under the personal interests category. The protection afforded to them includes the right to demand the cessation of actions that violate their personal interests, remedial action, and compensation or damages.

When is it permissible to use an athlete’s image without their consent?

The law provides for three main exceptions, but they must be interpreted strictly and restrictively:

• Well-known person – Article 81, Section 2, Point 1 of the Copyright and Related Rights Act

Professional athletes typically enjoy public recognition, which allows limited use of their images without consent. However, the law imposes two conditions:

a) The image must be captured in connection with the function performed. 
For an athlete, this may include a photo from a competition, training session, press conference, ceremony, or other activity related to the discipline.

b) The publication must be related to the function performed. 
This means that an athlete’s image may be published as part of coverage of a sporting event, but it may not be used for advertising or commercial purposes.

• Image as a detail of a larger whole – Article 81, Section 2, Point 2 of the Copyright and Related Rights Act

This exception applies when the athlete appears in the photo or video as a non-independent part of a larger scene, e.g., shot from the stands during the match, a panorama of the pitch, with the players visible, or a photo from a mass event where a specific person is not the main subject. The key is that removing the person from the frame would not diminish the message’s value.

• National team – Article 14 of the Sports Act

Article 14 of the Sports Act sets specific rules about using the images of athletes called up to the national team or appointed to the Olympic team. When the athlete agrees, they give permission for their image in national team uniform to be used for commercial purposes by the relevant Polish sports organization, and for the Olympic team, by the Polish Olympic Committee. These rights are exclusive and only apply to showcasing the athlete as a member of the national team.

At the same time, this regulation does not limit the general principles of image protection set out in the Civil Code and the Copyright Act. This means that, outside of the narrowly defined national team context, athletes still retain their full rights to decide on the commercial use of their own image.

Example of an apparent violation

In this case, the influencer promoted an illegal casino by using photos of Robert Lewandowski, creating the impression that the footballer supported the advertised service. Such actions are illegal for several reasons.

First, the use of an athlete’s image for advertising purposes always requires their express consent. Failure to obtain such consent constitutes a violation of personal interests, as defined in Articles 23 and 24 of the Civil Code, in particular the rights to one’s image and to one’s name. In this case, the image was associated with a product the athlete does not wish to be associated with, further amplifying the infringement.

Secondly, the influencer’s actions violate Article 81 of the Copyright and Related Rights Act, which explicitly requires the consent of the person depicted for disseminating an image. The lack of consent renders the publication unlawful regardless of the context.

Additionally, the advertisement referenced illegal gambling. This not only increases the illegality of the entire operation but could also lead to administrative or criminal liability for the person promoting such activity. In this context, no exceptions apply.

Athlete’s claims in case of a breach

The athlete may request a non-pecuniary claim, including cessation of the violations, removal of consequences (e.g., removal of materials), and publication of an apology. Additionally, property claims: compensation, damages. These claims may be pursued cumulatively, simultaneously under the Civil Code and the Copyright Act.

Summary

The use of an athlete’s image in marketing activities always requires his consent, unless it falls within precise, narrowly defined statutory exceptions.

The case of Robert Lewandowski clearly shows that attempts to circumvent this rule, especially in online advertising or the use of AI tools, may expose violators to serious legal consequences.

Today, the image of athletes is a full-fledged economic asset. Its protection is not just a theoretical issue; it is part of a real business strategy of both players and their commercial partners.

Our law firm specializes in sports law, personal interests protection, and intellectual property rights. We provide comprehensive legal support to safeguard athletes’ image and related commercial issues. Please do not hesitate to contact us; we are happy to assist you in defending your rights and interests.

Sources:

1. Sports Act of June 25, 2010 (Journal of Laws of 2010, No. 127, item 857).
2. The Civil Code Act of April 23, 1964, (Journal of Laws 1964 No. 16 item 93).
3. Copyright and Related Rights Act of February, 4, 1994 (Journal of Laws 1994 No. 24 item 83).
4. Lex Media. (n.d.). Naruszenie wizerunku. Retrieved November 14, 2025, from https://lex.media.pl/naruszenie-wizerunku-17007283.html
5. iGaming Polska. (2023). Patoinfluencer promuje nielegalne kasyno, wykorzystując wizerunek Roberta Lewandowskiego [ENG: Patoinfluencer promotes illegal casino using Robert Lewandowski’s image]. Retrieved November 14, 2025, from https://igamingpolska.pl/patoinfluencer-promuje-nielegalne-kasyno-wykorzystujac-wizerunek-roberta-lewandowskiego/