Rights Agreements
Part of Negotiating sponsorship agreements
Agreeing on approval rights and brand usage
Set sponsorship brand permissions, proof approvals, accurate relationship wording and the end of each permitted use.
Agree separately on how each party may use the other’s name and brand assets, and who can approve material before publication.
A right to be named as a sponsor does not define whether the sponsor may use the event logo in an advertisement, alter it or keep using it after the event.
Identify the asset and permitted use
List the names, logos, artwork, photographs, footage and wording the activity needs. For each, identify the rights holder and the party able to grant permission.
A venue, participant, photographer or publisher may control an asset the organiser cannot authorise. Resolve that permission before relying on the asset.
| Decision | Detail to record |
|---|---|
| Asset | Approved file, name or wording, including version limits. |
| User and purpose | Which party may use it and for which sponsorship activity. |
| Place and time | Channels, territory, start date and end date. |
| Changes | Whether cropping, animation, pairing with another mark or reuse is allowed. |
| Further use | Whether an agency or another party may receive or use it. |
| End of permission | What must stop, change or be removed. |
IP Australia distinguishes permission to use intellectual property from ownership. It explains that licence conditions can address time and further transfer.
The sponsorship agreement must still state the permission the parties intend; a payment or partnership label does not supply those details.
Permission vs. Ownership of Intellectual Property
- Ownership
- Full legal rights to IP; can be transferred or sold
- Permission (Licence)
- Limited right to use IP under agreed conditions (time, scope, transfer)
Give each approval a defined purpose
A rights holder may want to check use of its mark and the description of its relationship. A sponsor may need to approve its logo, offer and product claims.
Define those review subjects rather than assuming either party controls all of the other’s material. A content publisher’s independent editorial decisions require their own arrangement.
Name an authorised contact on each side. Set a submission method, required proof, response deadline and backup contact.
Do not treat silence as approval unless the agreement expressly adopts that rule. Keep the approved file and placement together. State when a material change to an approved proof requires another review.
Check the public impression
Compare words such as ‘official’, ‘exclusive’ and ‘endorsed’ with the actual rights. Sponsorship of one event does not establish sponsorship of every activity run by its organiser.
A restriction covering one venue should not be presented as covering every channel. The ACCC advises Australian businesses to make claims that are accurate and supportable, including claims about sponsorship.
Agree who can correct an incorrect logo, expired offer or inaccurate relationship description after publication. Name the person able to change the material and a route for urgent contact.
Key Compliance Points from ACCC and IP Australia
- ACCC Guidance on Claims
- All sponsorship claims must be accurate and supportable
- IP Australia on Licences
- Licence conditions define time limits and transfer rights
Plan the end of use
Record when permission ends and what happens to scheduled posts, printed stock and archived material. Write any intended archive exception into the agreement.
If an event moves, decide whether material can show the new date or needs fresh approval. If the sponsorship ends, check which uses cease and which obligations continue under its actual terms.
Before launch, compare intended assets with the permission list. A use outside it needs a new decision from the relevant rights holder.
