Raw deal

• Flames players cry foul over Carlsberg billboards

National football team captain Joseph Kamwendo has cried foul over Football Association of Malawi’s (FAM) failure to come out on the terms relating to Carlsberg Malawi billboards which feature some players.

Players, who appear on the billboards, have not been paid since the Carlsberg Malawi sponsorship agreement does not entitle them to claim royalties.

FAM and Carlsberg last year signed a three-year Flames sponsorship agreement in which the brewer would pump in K250 million.

As the official sponsor for the Flames, Carlsberg got exclusive rights of branding of the team’s regalia and apparel, training kits and training equipment for all national team engagements.

Several national team players including Richard Chipuwa, Chimango Kayira, Francis Mlimbika, Limbikani Mzava, Joseph Kamwendo, Robert Ng’ambi, Gabadhino Mhango and Robin Ngalande appear on Carlsberg billboards erected in Blantyre and Lilongwe.

The tradition is that adverts coming from sponsors must contain at least four players to be free.

However, Kamwendo revealed that even the players appearing singly on billboards were never paid.

The DR Congo-based midfielder also said the players were never briefed on conditions of the sponsorship agreement between FAM and Carlsberg as regards the players’ appearing on the adverts.

The TP Mazembe midfielder said he was saddened by FAM’s lack of transparency on the matter.

“After the Zimbabwe game, I did ask our team manager (Franco Ndawa) and liaison officer James Sangala why we were not paid for the adverts.

“I thought FAM would brief us on the matter, but up to now nothing has happened. We didn’t even discuss with FAM about the adverts.”

Kamwendo has since asked the football governing body to redress the situation.

“As a tradition, a player is supposed to get some royalties when he is used on a billboard. That’s what happens elsewhere. For sure, they have to pay us,” Kamwendo said.

FAM general secretary Suzgo Nyirenda said the association would issue a statement on the matter.

“This is a legal issue. I have referred it to our legal team who will respond through a statement,” Nyirenda said.

As we went to press the statement had not yet been issued.

Carlsberg Malawi senior brands manager (alcoholics) Twikale Chirwa asked for more time to respond on the matter.

But lawyer Sunduzwayo Madise faulted FAM for failing to protect the interests of the players.

“Actually the fundamental question is who owns the property rights which are being commercially exploited? Does FAM own these rights? If so, let them show the contracts in which national team players signed that by being part of the Flames their images can be commercially exploited by FAM without anything accruing to themselves,” Madise said.

“So, ideally it should have been that FAM was acting as an agent for players in this deal. Therefore, FAM as agent may collect its agency fee but the principal in the deal will be the players involved who need to be remunerated for the exploitation of their images unless, of course, a prior written waiver was already obtained by FAM from the players.”

He argued that FAM does not own national team players’ image rights.

“FAM should know that it does not own these players. There is a difference to having a banner that advertises a competition or a particular game to having billboards that a commercial firm such as Carlsberg wishes to erect for its own marketing purposes countrywide,” said Madise.

“In the latter, the commercial firm is clearly using the popularity of the particular players for its own business interests and therefore, has to compensate for the commercial exploitation of the images. And if there is no prior consent or waiver granted by the individuals used, then they are entitled to be compensated. So, if such were the case, the players would be entitled to demand compensation for the commercial exploitation of their images.”

Football Players Association of Malawi (Fpam) chairperson Ojukwu Malunga has since pleaded with FAM to pay the players their cut from the billboards.

“It only fair that FAM should make sure the players are paid. Everywhere this is what happens. When a player appears on an advert he is supposed to get paid. We know FAM cannot match what other countries pay, but at least a little something should be paid to these players,” Malunga said. n