Bet365 to pay DKK4.7m over unauthorised use of footballers’ images on social media in Denmark
Operator giant to reimburse the likes of Christian Eriksen and Kasper Schmeichel for historic image use across Facebook and Twitter
Bet365 is set to pay DKK4.7m (£549,457) to sports stars in Demark for the unauthorised use of images of footballers, including Christian Eriksen and Kasper Schmeichel, across its social media platforms.
The case, which was heard by the Danish Maritime and Commercial Court, determined the operator had used photos and names of sports stars on Facebook and Twitter without the consent of the athletes concerned.
The case related to whether bet365 was using the images in an editorial scope or if it was a means of commercial marketing to its social media audience.
Between 21 February 2019 and 11 March 2021, bet365 used photos of 22 athletes that it had acquired from Getty Images. Getty Images regulations state that images are strictly for editorial purposes only, which means they cannot be used for commercial means.
The involved players’ winning argument cited that the use of their respective images would fall under the realm of sponsorship agreements, and they were therefore entitled to monies each time their image was used.
Bet365 has subsequently removed the offending images but upheld the notion that the content was used purely for editorial reasons. The firm said bets could not be placed through social media and there were no links to the firm’s website included in the posts.
In a statement, the court said: “The court finds that, overall, these are postings as part of the marketing of bet365’s business and not editorial content. Since the use of photos and names in these postings has taken place without the consent of the elite athletes, there has been a breach of the right to one’s own image and name.
“Posts in the case are marked with bet365’s logo and are generally characterised by relatively large photos and very short text with individual facts and regularly with questions or calls for interaction for the reader.”
Bet365 was found to have used the footballers’ images without the proper permission, along with images of badminton star Viktor Axelsen and handball player Mikkel Hansen.
Manchester United star Eriksen is set to receive the largest compensation package worth DKK1.45m, while former Leicester City goalkeeper Schmeichel is to be paid DKK500,000.
Danish captain Simon Kjær will be paid DKK300,000, with other reimbursement to sports stars ranging from DKK50,000 to DKK350,000.
Bet365 must also pay court costs totalling DKK311,500.