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In this detailed yet readable legal analysis, the authors thoroughly evaluate the connections between intellectual property and the sports and entertainment industries, covering everything from copyrights and patents to trademarked logos and marketing strategies. This complete survey of intellectual property law in the sports and entertainment industries evaluates the key connections between these arenas and provides an overview of trademark law for sports. The authors clearly explain the rights of publicity and privacy for entertainers and athletes, the ethical considerations involved in obtaining and using intellectual property, and how licensing agreements relate to intellectual property law. The detailed, up-to-date legal analyses are written by practitioners in the field for those without legal expertise, yet still contain useful information to the legal community. The book covers all forms of intellectual property, including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity. It will also discuss marketing, broadcasting, films and books, sports equipment, international considerations and trade issues, and intellectual property in cyberspace.
Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.
In this detailed yet readable legal analysis, the authors thoroughly evaluate the connections between intellectual property and the sports and entertainment industries, covering everything from copyrights and patents to trademarked logos and marketing strategies. This complete survey of intellectual property law in the sports and entertainment industries evaluates the key connections between these arenas and provides an overview of trademark law for sports. The authors clearly explain the rights of publicity and privacy for entertainers and athletes, the ethical considerations involved in obtaining and using intellectual property, and how licensing agreements relate to intellectual property law. The detailed, up-to-date legal analyses are written by practitioners in the field for those without legal expertise, yet still contain useful information to the legal community. The book covers all forms of intellectual property, including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity. It will also discuss marketing, broadcasting, films and books, sports equipment, international considerations and trade issues, and intellectual property in cyberspace.
The goal of this publication is to serve as a reference tool that shall help to guide the development of national strategies in order to sustain sport and its development through IP rights.
Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to 'infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work'. Indeed, the applicability of copyright law on sports events and players' moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.
The paper looks at sports events from the perspective of intellectual property rights, the object being to describe the clash between public domain and property rights.Drawing on legislation and case law in the USA and Denmark, the paper analyzes the legal position on three topics: the sports performances of athletes, facts and information generated in sports, and organized events.The paper finds that while there are generally no property rights for sports performances or facts and information, there seems to be some recognition of a time-limited property right for organizers of events. This is discussed in light of economic theory, which seems to explain the protection of incentives, the focus being on enabling one to reap the profits of investment, and the legal justification found in principles of unfair competition and misappropriation.Finally, the paper examines recent trends and argues to detect an increasing propertization of public domain in what can be labeled a sui generis right of organized events, particularly pushed by strong interest from lobbying parties.
Triumphant wins, gut-wrenching losses, last-second shots, underdogs, competition, and loyalty—it’s fun to be a fan. But when a football player takes a hit to the head after yet another study has warned of the dangers of CTE, or when a team whose mascot was born in an era of racism and bigotry takes the field, or when a relief pitcher accused of domestic violence saves the game, how is one to cheer? Welcome to the club for sports fans who care too much. In Loving Sports When They Don’t Love You Back, acclaimed sports writers Jessica Luther and Kavitha A. Davidson tackle the most pressing issues in sports, why they matter, and how we can do better. For the authors, “sticking to sports” is not an option—not when our taxes are paying for the stadiums, and college athletes aren’t getting paid at all. But simply quitting a favorite team won’t change corrupt and deplorable practices, and the root causes of many of these problems are endemic in our wider society. An essential read for modern fans, Loving Sports When They Don’t Love You Back challenges the status quo and explores how we might begin to reconcile our conscience with our fandom.
Long established as the market leading textbook on sports law, this much-anticipated new edition offers a comprehensive and authoritative examination of the legal issues surrounding and governing sport internationally. Locating the legal regulation of sport within an explicit socio-economic context, this refocused edition is divided into four core parts: Governance & Sport; Commercial Regulation; Sports Workplace; and Safety in Sport. Recent developments covered in this edition include: EU competition law interaction with sport under arts. 101 and 102 of the Treaty on the Functioning of the European Union; the current World Anti-Doping Agency code; analysis of the recent Court of Arbitration for Sport Jurisprudence; reforms of the transfer system in team sports; anti-discrimination provisions in sport; engagement with match fixing; a focus on the legal context of 2012 London Olympics. Essential reading for students studying sports law or sports-related courses, this textbook will also prove useful to sports law practitioners and sports administrators in need of a clear companion to the field.
How to Play the Game provides a basic understanding of the legal issues surrounding sports. It is the go-to source for anyone interested in getting into the field of sports law.