PERSPECTIVE AND REGULATION OF LAW 65-00 IN THE DOMINICAN REPUBLIC

The Paris 2024 Olympics, one of the most important events in sports, not only for the athletic excellence they promote, but also for the multiple commercial opportunities they generate, brought to the forefront the issue of protecting the image rights of athletes, especially in the Dominican Republic, where Law 65- 00 regulates copyrights and intellectual property, providing a solid legal framework to prevent the unauthorized use of athletes’ images by non-contracted brands.

Law 65-00 considers the right to one’s own image as an extension of copyright and intellectual property rights, granting individuals, including athletes, exclusive control over the commercial use of their image. This right covers the use of photographs, videos, drawings and any other visual representation of the athlete. It is essential that any commercial exploitation of an athlete’s image has the prior consent of the athlete, otherwise it would be a violation of the law.

In addition to Law 65-00, International Olympic Committee (IOC) regulations play a key role in protecting image rights during the Olympic Games. The IOC imposes strict rules to prevent “ambush marketing,” a practice whereby non- sponsoring brands seek to indirectly benefit from association with the event or athletes without being official sponsors. These regulations are designed to safeguard both athletes and sponsors, who have made significant investments to associate themselves with the Olympic Games.

The unauthorized use of athletes’ image by non-contracted brands constitutes a serious violation of both Law 65-00 and IOC regulations. This practice harms athletes by limiting their control over the exploitation of their image and their potential revenues, and also affects official sponsors, who see the value of their investment compromised. Therefore, any brand wishing to use an athlete’s image must obtain the corresponding consent and comply with the regulations in force.

Brands that use an athlete’s image without authorization are exposed to severe legal consequences. In the Dominican Republic, Law 65-00 empowers affected athletes to file lawsuits for damages. In addition, the IOC may impose additional sanctions at the international level, including fines and a ban from participating in future commercial activities related to the Olympic Games.

Although Law 65-00 is specific to the Dominican Republic, Dominican athletes competing in the Paris 2024 Olympics are covered by a set of international regulations and IOC guidelines. This dual protection ensures that athletes’ image rights are protected both locally and internationally, providing robust legal coverage that deters unauthorized use of their image.

Regarding the Dominican Republic, Law 65-00 on copyright, has elements to be considered in this regard. Article 36 of Law 65-00 establishes that “The publication of the portrait is free when it is related to scientific, didactic or cultural purposes in general or to facts or events of public interest or that have been developed in public”. This means that, in certain cases, it is possible to reproduce the image of a person without prior authorization, as long as it is related to facts of public interest or events held in public. However, in the case of the right to the image, article 52 of the same law clarifies that “Every person has the right to prevent… his bust or portrait from being exhibited or displayed in commerce without his express consent…”. Consequently, any commercial exploitation of a person’s image requires his prior consent, even if it is a matter of public interest.

A relevant case in Dominican jurisprudence is the lawsuit of Zoila Luna against Cervecería Nacional Dominicana, where it was determined that, although the recording of the image was obtained in a public event, its dissemination for commercial purposes was not covered by the exceptions to the right of image established in Article 36 of Law 65-00. The Court concluded that the use of a person’s image for advertising or commercial purposes, without express, prior and specific authorization, constitutes a civil offense, interfering in the individual self-determination protected by the right to one’s own image, which generates moral damages independent of the existence of a pecuniary damage. To avoid legal conflicts, non-sponsoring brands may opt for alternative strategies that do not violate athletes’ image rights. These strategies include the use of national symbols, messages of general support or abstract references to the Olympic spirit that do not imply a direct association with the athletes. In this way, brands can capitalize on Olympic enthusiasm without incurring legal infringements.

The protection of athletes’ image rights during the Paris 2024 Olympics is crucial to preserve both the interests of the athletes and the integrity of the event. The Dominican Republic’s Law 65-00, together with IOC regulations, provides a legal framework that ensures that athletes can control the use of their image and that brands respect this right. Complying with these regulations not only prevents legal sanctions, but also promotes an environment of respect and fairness in the sporting and commercial environment.