From the success of the African Cup of Nations Tournament (AFCON) to the record transfer of Rachel Kundnanji to a landmark decision of the Uganda High Court, February has been a great month in African football, both on and off the pitch. All these three events have demonstrated that there is immense growth, potential and actual, in the sector. They are not the only events that have happened in the sport this February, and neither do they show that all is well in it. Nonetheless, in my opinion, they demonstrate that African football is steadily heading in the right direction.
Takeaways from AFCON
This AFCON was memorable for the hilarious tweets and memes it inspired on X. For the fact that the Congolese team used it to spread awareness of the atrocious exploitation of its people and the conflict going on in Eastern DRC. Neither was it legendary just for the high-quality football played and remarkable stories of teams going from underdogs to the quarters, semis and even the final. No wonder, with an audience of 2 billion people, this was the most watched AFCON so far. This demonstrates a growing and already sizeable audience for football in Africa. In turn, this increases the value of the media rights that the Confederation of African Football (CAF) owns in it.
Interestingly, CAF sold the media rights to the previously little-known Togonian broadcaster Now TV, in December 2023. The agreement was described as ‘the biggest investment by a Pan-African broadcaster in CAF’s history’ by Patrice Motsepe, President of CAF. This would have come as a surprise, given that SuperSport, owned by MultiChoice, is the biggest broadcaster across the continent did not secure the media rights instead. Although, MultiChoice, while initially putting out a statement that it would not acquire the rights to broadcast the tournament, in January 2024, a week before kick-off, struck a sub-licensing deal with New World TV. This meant that it was able to broadcast the matches.
On the one hand, New World TV’s purchase of the rights shows that relatively small players in the sports broadcasting industry can acquire the rights to the biggest football tournament in the continent- a testament to the competitiveness of the industry, as said in the Africa Business of Sport Podcast. This is despite the industry prima facie being dominated by SuperSport and MultiChoice. On the other hand, it still shows that streaming the biggest tournament in African football is not, commercially, a priority for the biggest broadcaster on the continent. In the same podcast, it was mentioned that DSTV did not make a loss from not acquiring the broadcasting rights to AFCON from CAF. Particularly because it already has the rights to broadcast the Premier League, matches from La Liga and Series A which it pays $200 million a year for, in comparison to the $70 million New World TV paid CAF to broadcast AFCON.
Nonetheless, the fact that DSTV eventually entered a last-minute deal with New Would TV to enable it to broadcast the tournament evidences its importance to the company. According to Dr. Gerard Akindes African sports intellectual properties- including their media rights- are not worth bidding for exclusive control over. The size of the football industry on the continent means that companies are forced to act more in partnership with each other, as opposed to viewing bidding for and acquiring broadcasting rights as an ‘every man for themselves’ situation. African football presents an opportunity for business to be done differently and more cooperatively. The challenge remains for local leagues to make the most of the increased interest in the sport and grow their audience, invest in their players, referees, commentators and all those who make a football league worth watching.
Landmark Image rights decision in Uganda
The decision of the High Court in Proline Soccer Academy Limited v MTN Uganda Limited, M/s QG Saatchi & Saatchi & FUFA (Uganda) Limited 2011 delivered in February 2024 is a step forward for players. Hon Justice Mubiru decided that when there is a clash between one’s image rights, the right to own their image, and the copyright over the photograph (note the distinction between the image and the photograph, legally), the freedom of the owner of the copyright to exploit the economic rights in it is limited by the image rights of the person in the photo. Essentially because the image rights of a person, for example, a football player, as was so in the present case, originally belong to them, their image cannot be used commercially without their clear written consent.
Although this decision only applies in Uganda, it may persuade judges’ reasoning in similar cases across the continent and maybe even encourage legislatures to clarify the priority of image rights over copyright by amending legislation. What this decision means for players is that they are now better placed in negotiations with federations and clubs when it comes to agreeing on the terms of their compensation for the use of their image. This strengthening of the bargaining power of players means that they will be better able to capitalize on their athletic prowess.
Nonetheless, the decision was 13 years in the making as the case was initially filed in 2011. Although there is legal precedent for player's image rights to supersede the copyright in their photographs, which are often owned by other entities e.g. the club they work for or the company using their photo for advertising, it may be harder for players to enforce these rights in practice. This is especially difficult given that the majority of players on the continent may not feel confident to assert their rights, or may just not be aware of them. In light of this, it is important for players to better properly consider their contracts and seek advice before entering into them.
Rachel Kundanji
On the topic of players knowing their worth, Rachel Kundanji broke the record for the most expensive transfer fee for a female player in the world. She is a member of the Zambian national football team and is now playing for Bay FC. The American National Women’s Soccer League team Bay FC paid $787,800 to have her join their team. For the past few years, she has trained outside of the continent having played for Kazakhstani club BIIK Kazygurt and Madrid CFF before joining Bay FC. All this she has accomplished by the age of 23. It could be argued that her success is due to her training outside of the continent as opposed to within it. However, it is training in Zambia that developed her into a player that agents saw potential. Furthermore, she still trains with the Zambian team and represents her country in international events. What her career so far demonstrates is that the continent has lots of athletes- male and female- who can become world-class players if they’re properly invested in.
Conclusion
This month has been a win for both players and federations. The increased attention paid to African football after AFCON presents an opportunity for domestic leagues to capitalise on this and grow. The deal struck between MultiChoice and Now TV not only shows that broadcasting rights on the continent are increasing in value but also that it is possible for a smaller company to outbid the largest player in the market. The Proline Soccer decision in Uganda has given players an extra bargaining chip for them when negotiating their contracts in the form of control of their image rights. Lastly, the record transfer of Rachel Kundanji once again reemphasises that African players have immense potential which can be unlocked by the investment to match it.
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