This is the conflict between the ski stars and the Norwegian Ski Association. The Alpinists and Johannes Høsflot Klæbo are in conflict with the Norwegian Ski Association over marketing rights and the national team agreement. The conflict has been going on for several years, and mainly deals with the question of the extent to which the performers themselves are entitled to their own image rights. A statement from the Norwegian Ski Association’s legislation committee in winter 2022 gave the athletes complete victory in a dispute over image rights. It states that the athletes and NSF must agree on the extent to which the association will be allowed to use the athletes’ image rights in commercial agreements. This means that the athletes have the right to greater influence in NSF’s negotiations with sponsors. What the athletes are now waiting for is for the parties to negotiate a new national team agreement that is in line with the legislative committee’s statement in 2022. Although they have not yet signed a new contract, the athletes are subject to their previous contracts due to a clause that regulates the duration of the agreement . In September, Lucas Braathen nevertheless stood up in a campaign for a competitor to one of the Ski Association’s sponsors. It must have caused strong reactions. On 27 October, Braaten announced that he was quitting. After two meetings last week, the legislative committee of NIF has reached the following statement: “It appears clear to the legislative committee that the athletes’ property rights to their own name, signature and image in NIF’s Act § 14-4 (4) affect the content of, and the scope of , the organisation’s rights according to NIF Act § 14-4 (1) and (2)”. Both the athletes’ lawyer, Pål Kleven, and news’s commentator, Jan Petter Saltvedt, believe it is a statement that supports the athletes’ case. – What they emphasize here is that there must be proportionality in what the association does, and that the athletes must be included to a much greater extent in the discussions around their image rights, says Saltvedt. – This is full support for the athletes who have taken the fight and for the legislation committee in the Skiing Association, which has twice come to the same conclusion, says the news commentator. Lawyer Kleven writes the following in a statement: “We note that NIF’s legal committee confirms what the athletes have claimed all along, and which the Ski Association’s own legal committee has also concluded, namely that the athletes own their own image rights and that the Ski Association’s use of these rights must therefore be agreed closer between the parties”. “We expect that the Skiing Association is now aware of its responsibility and takes an initiative towards the athletes to correct all this”. news has been in contact with the head of NIF’s legislative committee, Kaare M. Risung, who confirms that they have reached a similar conclusion to the Ski Association’s legislative committee. news has tried to get in touch with the Skiing Association for their view of the recent statement and the statements of lawyer Kleven, but has not yet received a reply. Prolonged conflict The dispute over the athletes’ image rights has been going on for a long time, and peaked when Lucas Braathen quit before the start of the World Cup in Sölden a week and a half ago. Braathen then said that he had been provoked by the Skiing Association’s handling of the case. It was the athletes on the alpine national team and cross-country skier Johannes Høsflot Klæbo, who last summer asked the Ski Association’s legislative committee to look into the question of property rights linked to the athletes’ image rights. In the statement to NIF’s law committee, it is stated that the athletes’ property rights to their own image rights are not total, but that it is “limited by NIF’s regulations and the framework of the special association”. Furthermore, the legislative committee writes: “NIF Act Section 14-4 (1) restricts the athletes’ property rights by adding the contractual competence to the sport’s organizational link. The legislative committee cannot see that other parts of NIF’s Act § 14-4, or NIF’s Act § 14-5 (1) on the duty to participate or (3) on the right of reservation contain restrictions on the performers’ property rights to Image Rights”. “Nor does the reference to the special association’s framework imply in itself any limitation of the athlete’s property rights. As an additional comment, the legislative committee notes that NIF or other organizational units probably cannot unilaterally stipulate a transfer of property rights or rights of use to such an extent that the starting point regarding performers’ Image Rights is in reality reversed. Look in the fact box below to see what is written in NIF’s law: NIF’s law 14-4 and 14-5 § 14-4. Sport’s market agreements (1) The right to enter into market agreements belongs to the sport’s organizational link. A marketing agreement is any agreement that gives a legal entity the right to utilize an organizational unit and/or its associated practitioners in its marketing or other activities. (2) An organizational unit may allow an athlete to be given the right to enter into separate market agreements within the framework set by the special association. This applies to both athletes who are members of a sports team and athletes who participate in national teams or have other representative duties. The organizational unit must approve such agreements and ensure that it receives a reasonable share of the income generated by the performers’ own marketing agreements. (3) An athlete can only establish an employment relationship related to his sporting activities with an organizational unit. (4) Within the limitations that follow from NIF’s regulations and the framework of the special association, the athlete himself has the property right to his own name, image and signature. Section 14-5. The practitioner’s participation and right of reservation (1) An organizational unit may, to a reasonable extent, require that its affiliated practitioners participate in the implementation of market agreements between the organizational unit and business. (2) When assessing what is reasonable in accordance with the preceding paragraph, emphasis shall be placed, among other things, on: – the scope of the participation, including consideration of the performer’s personal integrity and privacy, – the remuneration or other benefits the performer has had or will receive through the association to the organizational level, – consideration of solidarity between the special association’s facilitation of elite and grassroots sports. (3) A performer may reserve the right not to be used in marketing if such participation would be contrary to the performer’s ethical or moral convictions. (4) All agreements that include the payment of remuneration to participating athletes must contain a provision that sponsorship support for athletes covered by the agreement will be forfeited if the athlete is convicted of a violation of doping regulations that are in accordance with the World Anti-Doping Code. news commentator: – Clearer signal – There is an even clearer signal that the Ski Association must draw up a new agreement with the athletes. And they must do it quickly, says news commentator Saltvedt. It was in mid-October that the Skiing Association contacted the Swedish Sports Confederation with a request for a statement. NIF’s legislative committee was asked by NIF’s administration to look into the following: “Whether the reference to the athletes’ property rights to their own name, signature and image in section 14-4 affects the content of, and the scope of, the organisation’s rights under section 14-4 (1) and (2)”. You can read the entire statement to the Swedish Sports Confederation’s legislative committee here. The Norwegian Ski Association’s legislative committee came up with a conclusion on the question of “image rights”. The conclusion was that it is the athletes who own their own image rights. The board of the Norwegian Skiing Association was informed about the process surrounding national team agreements. The board agreed on several premises, one of which was: “A prerequisite for participating in the national team is that the athletes contribute to the fulfillment of NSF’s sponsorship agreements by making the rights to their name and image available to NSF to the extent necessary to finance the national team activities’ The board of the Norwegian Skiing Association adopted a ‘standard national team agreement for the 2023/24 season’. In the minutes of the meeting, it is described that certain adjustments were made based on both feedback from the athletes and the legislative committee’s conclusion. The athletes were presented with the national team contract for the coming season. In the contract, the Skiing Association had disregarded the legislative committee’s conclusion, according to the athletes. The then general secretary Øistein Lunde held a new briefing regarding the national team contracts for the ski board. Earlier in June, Lunde stated in several cases that he believed that the Skiing Association had taken into account both the athletes and the legislative committee. Head of the Ski Association’s legislation committee, Andreas Ekker, briefed the board on the process surrounding the national team agreements from the perspective of the legislation committee. In the protocol it is noted: “The Skiing Board points out the importance of the organization following the applicable laws and regulations in its activities”. The board also decided to call an extraordinary meeting to deal with the national team agreement. The Law and Prosecution Committee (LPU) gives its recommendation for an alternative national team agreement, the wording of which the athletes must have accepted. The Ski Board held a briefing on the matter. Board member Kristin Gjertsen was quoted as saying the following: “In sum, this makes my conclusion simple, where I believe we should fully adopt a national team agreement in accordance with LPU’s recommendation of email 29 September 2023, as well as the process until spring 2024 proposed by lawyer Kleven described in the same email.” The board decided that the administration should address an inquiry to the Norwegian Sports Confederation (NIF) for “assessment of interpretation questions relating to current provisions in the NIF Act”. In the minutes, it is stated that board member Kristin Gjertsen argued against: “As a board, we have made it clear that the national team agreement as it currently stands, in LPU’s assessment, is not in line with laws and regulations. We have little to gain from prolonged conflict, and there are good, alternative solutions.” The Norwegian Sports Confederation confirmed that they had received the inquiry from the Skiing Confederation. They further pointed out that they needed time to process the questions from the union. view more
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– Full support for the athletes, says news commentator – news Sport – Sports news, results and broadcasting schedule
