Diego Maradona, unique with a ball at his feet and as controversial as few off the pitch, could be heading for a surprise legal clash with none other than Konami. The key is Pro Evolution Soccer 2017, which in its Legends section of the MyClub mode features the player. Maradona has stated that Konami is using his image, and instructed his lawyer to initiate the corresponding legal actions. On the other side, Konami claims it obtained the necessary rights through Barcelona. Who has the reason...?
Image rights have become a very delicate topic for footballers. Some athletes have such high demand that they can move millions of euros per year just by lending their face to a brand, and the pie is getting huge. One of the most mediatic cases was Lionel Messi, who received a 21-month suspended prison sentence for evading more than four million euros between 2007 and 2009, while now the Spanish treasury has Cristiano Ronaldo in its sights for 150 million euros. However, what we find here today is a different case: the use of a player's image without his prior authorization. Or at least, that is what Diego Armando Maradona says.
Through his official Facebook profile, Maradona communicated the discovery that Konami uses his image in PES 2017. The game was launched in September of last year, and it is not hard to find captures showing a very young Maradona, with an appearance similar to the one he had when he played for Barcelona (1982-1984). He also added that his legal representative Matías Morla will initiate the corresponding legal actions, and that he hopes that it is not another scam. Several media outlets contacted Konami, and one of its spokespersons reported that the player's rights for his presence in the Legends section of the MyClub mode were obtained through the Barcelona club itself, thanks to a special agreement signed in July 2016, with a duration of three years. Ronaldinho, Rivaldo, Puyol and Luis Enrique are other Catalan players who appear in the game.
In the best case scenario, both parties will reach a private solution and the conflict will be resolved, but it would be very interesting from a legal standpoint to determine whether a club can retain part of a player's image rights (even if collective) 35 years after having worn their shirt.
