While in football, Formula 1 and tennis, image rights are one of the most important points when stipulating a contract, things are also changing in cycling: Mads Pedersen has launched a lawsuit against HBO Nordic, for having used images without requesting consent and without paying the fair price. "They used my photos to sell subscriptions": with these words the former world champion Pedersen spoke to Danish television.
The Lidl-Trek rider, the symbolic face of Scandinavian sport, together with eleven other athletes has sued the platform: they contest the unauthorized use of their images in advertising campaigns ahead of Paris 2024. On the other hand, HBO claims that consent was included in the terms signed with the IOC.
Images of Mads Pedersen, taken at the 2019 Road World Cycling Championships when he won the rainbow jersey in Harrogate, ended up in social media advertisements, on the HBO Nordic website and on a large billboard along H.C. Andersens Boulevard in Copenhagen. Now the Danish champion, together with eleven other athletes, is seeking compensation from the platform, accusing it of using their photographs without authorization to promote subscriptions.
"The fact that they use these images of mine causes me damage, because I charge a fee when other companies want to use my photographs," Pedersen stated in court on Monday. "I understand that HBO and TV2 promote cycling, but in this case they were advertising a subscription service. I am convinced that the intent was to sell their product. Other companies pay considerable sums to obtain those rights. I never gave HBO permission to use those photos."
The Lidl-Trek rider cited commercial collaborations with Airtox and CRIVIT. According to what was reported in court, Airtox would have paid him 228,000 euros per year to use his image in advertising campaigns; the five-year agreement with CRIVIT would have exceeded 2.5 million euros. "This is my main source of income, besides cycling; this is how I make my living," he said.
The controversy concerns photographs used in the period preceding the Paris 2024 Olympic Games. HBO Nordic claims that the athletes had authorized the use of their image by signing the terms and conditions of participation with the International Olympic Committee. Pedersen contests this interpretation: according to him, consent only covered photos taken during specific press events. The athlete also stated that he believed that without signing the agreement he would not have been able to compete at the Games. Before the Olympics, he argues, press events had been organized during which HBO could have taken new photographs.
Pedersen is seeking 150,000 Danish kroner, approximately 20,000 euros. The other eleven athletes have instead requested 50,000 kroner each for every contested image. Among them are cyclists Mikkel Bjerg and Niklas Larsen and golfers Nicolai and Rasmus Højgaard. Overall, according to the claims filed, compensation would exceed 267,000 euros.
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