…FAM claims control over Scorchers players’ names, images in commercial crackdown
Football Association of Malawi (FAM) has warned businesses and individuals against using Scorchers players, their names and images to promote products or services without its permission.
Warning comes as Malawi National Women’s Football Team enjoys increased national attention following its historic qualification for 2026 Women’s Africa Cup of Nations (WAFCON).
In a public notice issued Saturday, FAM said companies, organisations and individuals must obtain its approval before commercially using Scorchers brand or identities of players and officials.
“Use of the Malawi National Women’s Football Team, its players, officials, name, images, logos, branding or other team-related intellectual property for product endorsements, advertising, promotions, marketing campaigns or any other commercial purposes requires prior consent from FAM,” reads part of the notice.
FAM has consequently told businesses to keep their hands off Scorchers unless authorised.
“All companies and individuals are urged to desist from using the team or its members to endorse or promote products, services, brands or commercial activities without prior authorisation,” FAM said.
Notice potentially affects businesses hoping to capitalise on the growing popularity and commercial appeal of Scorchers and individual players.
FAM’s declaration is particularly significant because it does not limit its claim to Scorchers logos, name and other team branding. It also specifically lists players’ names and images among material requiring its prior consent when used commercially.
Association says the restriction is intended to protect both the team and players.
“This measure is intended to protect the interests, image and commercial rights of the team and its players, while ensuring that the national team’s success is celebrated in a coordinated and respectful manner,” FAM said.
FAM, however, said Malawians, organisations and other stakeholders remain free to celebrate Scorchers and individual players where there is no commercial association.
According to the association, congratulatory messages, flyers, posters and social media graphics celebrating the team or individual players are permitted, provided they do not advertise or endorse a product, service or brand.
Businesses wishing to commercially associate themselves with Scorchers have instead been directed to contact FAM for approval before using team-related material.
FAM said interested parties should contact its Commercial and Marketing Department for authorisation and guidance.
Notice comes at a time when Scorchers’ success has significantly increased visibility of Malawi women’s football, potentially making the national team and its leading players more attractive to advertisers and other commercial partners. Malawi narrowly lost to Cameron in the WAFCON finals.
Individual player rights: What the law and FIFA say
FAM’s ownership and control of Scorchers branding does not, by itself, necessarily mean it owns or exclusively controls every player’s individual name, image and personal endorsement rights.
A footballer, according to FIFA, can ordinarily commercialise her own name, image and reputation through personal sponsorships, appearances and endorsement deals.
FIFA’s football-agent guidance recognises “management of image rights and negotiating commercial contracts” among services that can be provided to individual players. English Professional Footballers’ Association similarly provides guidance to players on image rights, sponsorship and endorsement agreements.
Practice is common across elite football. Lionel Messi, for example, has numerous personal endorsement deals with global brands that are separate from commercial arrangements involving his club or national team.
This obscures one part of FAM’s notice: “Use of the Malawi National Women’s Football Team, its players, officials, name, images … for product endorsements … requires prior consent from FAM.”
That raises an important question as to how far FAM’s claimed control extend. If, for example, Temwa Chawinga independently agrees to advertise a Malawian company’s product using her own name and image, without using Scorchers logos, FAM branding, official national-team photographs or suggesting that the company is an official Scorchers sponsor, would she still need FAM’s permission?
The answer may depend on contractual arrangements between FAM and Scorchers players, particularly whether players have assigned or licensed some of their commercial image rights to the association or not.
Facts Only
* FAM warned businesses and individuals against using Scorchers players’ names, images, or branding without permission.
* Permission from FAM is required for commercially using the Malawi National Women’s Football Team’s brand or the identities of players and officials.
* Use of team assets for product endorsements, advertising, promotions, marketing campaigns, or other commercial purposes requires prior consent from FAM.
* The restriction specifically covers players’ names and images when used commercially.
* FAM stated the measure is intended to protect the interests, image, and commercial rights of the team and players.
* Non-commercial celebrations like congratulatory messages or posters are permitted without advertising a product or service.
* Businesses must contact FAM for authorization before commercially associating with Scorchers.
* FIFA guidance suggests footballers can commercialize their own names and images through personal sponsorships.
* Individual rights depend on contractual arrangements between FAM and Scorchers players regarding image rights licensing.
Executive Summary
The Football Association of Malawi (FAM) has issued a public notice warning businesses and individuals against commercially using the Scorchers brand, including player names and images, without prior permission. This warning follows increased national attention on the Malawi National Women’s Football Team due to their qualification for the 2026 Women’s Africa Cup of Nations. The notice requires obtaining FAM approval before using the team's brand or the identities of players and officials for endorsements, advertising, promotions, or marketing campaigns.
FAM specified that consent is required for the use of the team, its players, officials, names, images, logos, branding, or other team-related intellectual property for commercial purposes. The association intends this measure to protect the interests, image, and commercial rights of the team and players while ensuring national team success is celebrated respectfully. However, the notice permits non-commercial celebration, such as congratulatory messages on social media, provided no product, service, or brand is advertised. Businesses seeking commercial association with Scorchers must now contact FAM's Commercial and Marketing Department for authorization.
Full Take
The tension in this notice lies in the delineation between collective team identity and individual commercial rights. FAM asserts control over the collective asset—the national team’s brand and its associated imagery—to manage public perception during a period of heightened visibility, suggesting a protective framework for the team's success. This assertion contrasts with the established framework under FIFA and agent guidance, which recognizes the individual player’s right to commercialize their own image separately from the team entity. The core challenge is how FAM’s claim over group intellectual property intersects with an individual athlete's personal autonomy in the commercial sphere.
The implications point toward a potential legal and contractual ambiguity regarding ownership of endorsement rights. If players have not explicitly assigned or licensed their commercial rights to FAM, the restriction on individual endorsements may be perceived as an overreach that circumvents established international norms for individual athletes. This sets up a dynamic where external entities must navigate competing jurisdictions: the association's claim based on national interest versus the player’s rights based on personal contract and FIFA precedent. The narrative forces an inquiry into the underlying contractual architecture governing the relationship between the team, its players, and commercial partners, rather than just surface-level branding permissions.
Bridge questions: What is the mechanism by which FAM legally asserts control over individual players' commercial image rights independent of collective team branding? How do existing FIFA and agent guidelines reconcile with national bodies setting restrictions on personal endorsements? What are the potential costs to individual athletes if contractual agreements are silent on these specific uses?
Sentinel — Human
The article appears to be a human-authored analysis effectively synthesizing an official warning with broader international football principles to explore the boundaries of intellectual property and individual rights.