Licensing Real-Life Personalities for Gaming and Merch: Practical Steps for Indian Developers and Teams

INTRODUCTION: REAL FACES, REAL RIGHTS – WHY LICENSING ISN’T OPTIONAL ANYMORE

In the fast-growing Indian sports-tech and gaming landscape, real-life athletes and influencers are no longer just role models—they’re becoming digital assets. Whether it’s a cricket-themed mobile game featuring a star bowler, a kabaddi avatar designed for esports tournaments, or fan merchandise built around a popular footballer, using someone’s image or name can be a game-changer for user engagement and monetisation.

But here’s the catch: without proper licensing of name, image, likeness, and persona (NILP) rights, the entire product or campaign could be walking on legal thin ice. Far too many Indian developers and franchise-led teams assume that if a sportsperson is in the public eye—or if a league “features” them—they’re free to be turned into digital characters, game icons, or commercial merchandise. That’s a costly misunderstanding.

In a digital-first economy, personality rights are the new IP battleground, and misusing them—knowingly or unknowingly—can trigger lawsuits, app store takedowns, or reputation damage. For gaming studios, merchandising startups, fantasy platforms, and sports leagues, clear and enforceable licensing agreements are no longer optional—they’re a commercial necessity.

This article explores the real-world legal steps Indian stakeholders must follow to license real-life personalities for gaming and merchandise, what can go wrong without it, and how to structure agreements that are both compliant and commercially future-proof.

WHY PERSONALITY LICENSING IS NOT OPTIONAL

In India’s booming gaming and merchandising sectors, using the identity of a real-life athlete or celebrity without proper rights isn’t just risky—it’s potentially unlawful. Personality rights, also referred to as Name, Image, Likeness, and Persona (NILP) rights, are legally recognised, even though India doesn’t yet have a standalone statute for them. Courts have consistently upheld these rights under common law, privacy rights, and even under the right to publicity.

For developers and franchise-backed teams, this means no one can simply “design around” a player’s persona or likeness without permission. The fact that someone is a public figure or part of a televised league doesn’t automatically give third parties the right to commercialise their identity in a game, virtual world, or product line.

A typical mistake seen in India is when developers assume that having a league or team license grants full personality usage rights. In reality, most sports leagues do not automatically assign these rights from athletes to franchises, and many franchises fail to get independent NILP consents. This creates a dangerous gap—a product is live, revenue is generated, but the legal foundation is missing.

From in-game avatars and NFTs to jersey sales and animated reels, if the face, voice, or even signature move of a known athlete is being used, a written license is mandatory. And it’s not just about getting consent—it’s about structuring the license with clear territory, duration, scope of use, commercial rights, revocation conditions, and moral rights clauses.

Without this, a platform or product could face takedown notices, legal injunctions, or PR disasters just when traction is building. In an age where athletes and their managers are increasingly protective (and savvy) about personal brand monetisation, proper personality licensing isn’t a formality—it’s a frontline business safeguard.

WHAT NEEDS TO BE LICENSED—AND FROM WHOM

When building a game, digital collectible, or merchandise line around real-life personalities, the devil truly lies in the details. Indian developers and sports franchises often know they need “permission,” but what exactly needs to be licensed—and who has the authority to grant it—is where most deals start to unravel.

The core rights that must be licensed fall under what is commonly referred to as Name, Image, Likeness, and Persona (NILP) rights. This includes the sportsperson’s full name, nickname, jersey number, image, voice, signature moves, tattoos, social media handles, and even stylised representations (like cartoons or avatars). In the case of merchandise, it extends to signed memorabilia, limited edition collectibles, and wearables that directly associate with the player’s identity.

But here’s the practical challenge: who owns or controls these rights? It varies case by case.

·      Individual Athletes:

If the player is independent (not under an exclusive talent management contract), the license must be obtained directly from them. This is common in kabaddi, athletics, or local cricket leagues.

·      Talent Management Agencies

In many professional leagues, players have exclusive contracts with agencies or representation firms. These entities often hold commercial licensing rights, and any deal must go through them.

·      Sports Leagues or Teams

Unless the league or team agreement explicitly includes a rights assignment clause from players to the organiser/franchise, third parties cannot assume they have personality rights just because a league is involved. In most Indian leagues, the default is that leagues only hold broadcast and branding rights—not individual NILP rights.

Estate or Family in Case of Deceased Personalities: For legendary figures, licensing often involves dealing with the estate or legal heirs. Using their image on merchandise or digital platforms without formal approval can still result in lawsuits.

Crucially, multiple layers of rights may apply simultaneously. For example, if a game uses a team jersey (team owns the logo), a league match setting (league holds the broadcast visuals), and a player’s likeness (player or agent owns NILP), then permissions must be obtained from all three.

Failing to do this doesn’t just raise IP concerns—it can trigger breach of contract claims from players against their leagues or teams, especially if their persona was licensed without consent. With India’s legal landscape slowly aligning with global standards in publicity rights, the stakes are only getting higher.

For developers and franchises, a watertight, paper-trail-backed license is not just a checkbox—it's the foundation of the product’s legality and valuation.

WHAT A PROPER PERSONALITY RIGHTS AGREEMENT SHOULD COVER

Once it’s clear that personality rights must be licensed, the next critical step is getting the agreement right. In India, many developers and league franchises rely on generic MoUs or informal email permissions. That’s a trap. A well-drafted personality rights agreement isn’t just a legal formality—it’s the foundation that secures content use, reduces liability, and boosts commercial value, especially for gaming, digital collectibles, and merchandising ventures.

At a minimum, a proper agreement must clearly define the scope of rights being licensed. This includes the name, image, voice, signature, likeness, biography, catchphrases, gestures, and any digital representation such as avatars or NFTs. If the game uses animated characters inspired by the personality, the visual similarity must be acknowledged and included in the scope.

Territory and duration are two areas often overlooked. Is the license limited to India, or global? For how long can the personality’s likeness be used—12 months, 5 years, or perpetually? Without clarity, both sides are exposed to future conflicts and revenue loss.

Purpose and media are equally vital. Will the rights be used in a console game, mobile app, web-based fantasy platform, or physical merchandise? Is the use limited to one product line, or does it extend to marketing campaigns, third-party collaborations, or spin-off content? The more specific, the safer.

The agreement must also deal with exclusivity. Is the license exclusive, meaning no other game or merch brand can use the personality during the term? Or is it non-exclusive? Many sports personalities enter into overlapping deals, and without exclusivity clauses, developers could find their brand diluted.

Revenue share or lump sum—how the talent is paid—should be contractually defined. Some high-profile personalities may demand a royalty structure (e.g., X% of gross revenue), while others may settle for a one-time fee. In either case, payment milestones and audit rights should be captured.

Importantly, the agreement should include moral rights waivers, especially if the personality is being represented in animated or exaggerated formats that may not align with their real-life image. Without this, even a fictionalised avatar can land a developer in legal trouble if the player objects to how they are portrayed.

Finally, termination rights, breach consequences, indemnities, and dispute resolution mechanisms must be clear. If the agreement ends, what happens to the game or merchandise already out in the market? Can it continue to be sold? For how long?

In short, a personality rights agreement is not just a contract—it’s the commercial engine behind fan-facing content. When drafted properly, it becomes the difference between building a legitimate IP-driven product or walking into a future takedown notice.

PITFALLS INDIAN DEVELOPERS COMMONLY MAKE

Despite the explosive growth of sports-based gaming and merchandise in India, many developers continue to treat licensing of real-life personalities as an afterthought. This approach has already led to legal roadblocks, takedown notices, and loss of investor confidence. The gap is not in intent—it’s in execution.

A common misstep is assuming that public figures are fair game. Just because a cricketer or wrestler is in the public eye does not mean their identity can be freely commercialized. Developers often use a player's name or likeness in apps or merchandise without formal agreements, believing that social media visibility or old press photos are enough of a buffer. In reality, that’s a clear violation of personality rights and opens the door to legal claims for misappropriation and passing off.

Another major issue is relying solely on team or league permissions. Many assume that signing a deal with a league automatically gives access to player identities. But unless the league has express licensing rights from each athlete (which is rarely the case in India), this assumption falls apart. Developers end up with a license to the platform, not the personalities—leaving a gaping hole in their rights coverage.

There’s also a tendency to use vague MoUs or email confirmations instead of robust, signed contracts. This may work when the product is under development, but the moment monetization starts—via in-app purchases, NFTs, or branded merchandise—the absence of a clear agreement becomes a high-stakes problem. In several instances, personalities have pulled out after release, claiming they never gave informed consent, forcing developers to recall games or face costly lawsuits.

Creative ambiguity is another trap. Developers often base a character “loosely inspired” by a sports star, while still using a lookalike voice, jersey number, nickname, or signature celebration. Courts and right-holders don’t look at whether it’s an exact replica—they look at whether the average consumer would be confused or associate the character with the real-life individual. If yes, it’s a legal risk, whether or not a name is used.

Lastly, many Indian startups underestimate the international exposure of their content. A game launched on global platforms like the Play Store or App Store must adhere not just to Indian laws but to international personality rights standards. If a foreign personality appears without a license—even as a cameo-style character—it could lead to DMCA actions or takedowns in overseas jurisdictions.

These pitfalls are not abstract—they’re real, and they’re expensive. Whether the product is a console game, a fantasy league app, or a line of bobblehead collectibles, IP due diligence is no longer a choice—it’s the cost of doing serious business in sports and entertainment.

THE COMMERCIAL OPPORTUNITY—IF DONE RIGHT

For Indian game developers, fantasy platforms, and sports merchandising startups, personality rights aren’t just a legal obligation—they’re a commercial goldmine when handled correctly.

A well-negotiated personality licensing agreement doesn’t just keep lawsuits at bay; it unlocks powerful monetization channels. When developers legally secure the rights to use an athlete’s name, likeness, and persona, it opens the door to in-game character creation, limited edition NFTs, exclusive merchandise drops, and athlete-endorsed promotions—all of which can be directly monetized. Consumers are far more likely to engage with content when it features real-life sports icons they admire. Authenticity sells.

Consider how international sports titles like FIFA, NBA 2K, or even local IPL gaming formats explode in value when they include real players. The player’s face on a splash screen, voice-over for in-game reactions, or participation in marketing campaigns makes the experience immersive—and increases user stickiness. This is especially true in India where fan loyalty is fierce, and regional stars often have cult-like followings. If a Kabaddi or cricket game offers a chance to "play as your favorite real athlete," and it’s legitimately licensed, the trust and engagement spike naturally.

On the merchandising front, IP-backed collectibles and apparel featuring real players have a higher resale and perceived value. Whether it’s a signed digital avatar, a limited jersey drop, or exclusive access to an online meet-and-greet inside a gaming platform—licensed experiences build community, increase brand credibility, and invite collaboration with leagues and sponsors.

Also, having strong licensing agreements helps attract brand collaborations and advertisers. When stakeholders know that personality rights are cleared and contracts are airtight, they’re far more comfortable tying up for co-branded campaigns or platform sponsorships. Investors too see properly licensed platforms as more mature, lower-risk businesses—making legal clarity a tool for valuation enhancement.

Done right, personality licensing becomes more than a compliance checklist—it becomes a competitive advantage in a crowded digital sports ecosystem. It future-proofs the brand, unlocks scalable revenue, and most importantly, builds a professional reputation that invites repeat partnerships with teams, leagues, and athletes.

CONCLUSION: RESPECT THE PERSONA, PROTECT THE PRODUCT

In India’s fast-growing sports-tech and gaming ecosystem, using a real-life athlete or celebrity isn’t just about fan engagement—it’s a serious commercial and legal commitment. Developers and teams who treat personality rights as an afterthought often find themselves facing takedown notices, strained relationships with talent, or worse, public legal disputes that can tank product credibility overnight.

Licensing a persona isn't about red tape—it’s about ownership, clarity, and risk management. Without a clear, written personality rights agreement, every digital render, merchandise sale, or brand collab becomes a potential liability. And in an industry where speed to market and brand trust are everything, those liabilities can stall or even sink promising ventures.

The most successful gaming studios and merchandising companies in the global market have one thing in common: they build their IP on a legally solid foundation. Indian players now have the same opportunity—provided they take the legal groundwork seriously from day one. Drafting detailed agreements, aligning on scope and duration, covering exclusivity, and securing marketing permissions are not “good to have”—they are the very scaffolding that supports long-term monetization and growth.

Ultimately, respecting the persona is respecting the business. When the legal rights are in place, the product is not only protected—it becomes scalable, investible, and partnership-ready. For Indian developers looking to play big in the global sports and gaming economy, getting this right isn’t optional—it’s foundational.